Single judge, Allahabad High Court, via Article 226/227 jurisdiction, directed a Revenue Officer to decide a pending appeal within six months, citing the Revenue Court Manual.
Direction to decide appeal within six months; restraint on alienation or construction on disputed land.
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Neutral Citation No. - 2024:AHC-LKO:14305
Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 772 of 2024 Petitioner :- Mata Prasad And 4 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. U.P. Lko. And 4 Others Counsel for Petitioner :- Bishlendra Prasad,Prince Singh Counsel for Respondent :- C.S.C.,Mohan Singh
Hon'ble Saurabh Lavania,J.
Heard.
In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.
The present petition has been filed for the following main relief:-
"(i) Direct the Opposite Party No.2 i.e. Additional Commissioner (Judicial), Ayodhya Mandal, Ayodhya, to decide the case No. 1813 of 2023, in Computerized Case no. C202304000001813 "Sheetla Prasad Vs Mata Prasad and others", appeal under section 207 of U.P. Revenue Code, 2006, Village- Sherpur Parsrampur, Post-Narharpur, Pargana- Chanda,Tehsil-Lambhua, District-Sultanpur, within time stipulated by this Hon'ble Court.
(ii) Direct the opposite parties not to interfere not to make any illegal construction on the gata no. 463 till the pendency of the aforesaid pending appeal before opposite party no. 2, in the interest of justice.
(iii) Direct the opposite parties neither to alienate or transfer a land in dispute nor shall create any encumbrances upon the land in dispute during the pendency of aforesaid suit, in the interest of justice."
Considering the facts as stated, particularly the period of pendency of the appeal, which appears to be pending since August 2023 as also taking note of statutory provisions including para 458(2) of U.P. Revenue Court Manual , the present petition is disposed of with direction to opposite party no.2/Additional Commissioner (Judicial), Ayodhya Mandal, Ayodhya, to consider and decide the pending appeal in issue i.e. Case No. 1813 of 2023, in Computerized Case no. C202304000001813 (Sheetla Prasad Vs Mata Prasad and others), most expeditiously, as per law, but without granting any unnecessary adjournment, preferably within a period of six months from the next date fixed before it, if there is no other legal impediment in this regard.
It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law.
With the aforesaid, the petition is disposed of.
Order Date :- 19.2.2024
Jyoti/-
Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the Additional Commissioner (Judicial) is directed to dispose of the pending revenue appeal within six months?
Whether respondents are restrained from interfering with the disputed land during the pendency of the appeal?
2 provisions across 2 enactments
Mata Prasad And 4 Others
State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. U.P. Lko. And 4 Others
Saurabh Lavania
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
