Sandeep Kumar Gautam Vs State of U.P. Thru. Collector, Hardoi and Others — Allahabad HC (2025) — LawSathi Research

Sandeep Kumar Gautam Vs State of U.P. Thru. Collector, Hardoi and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Authority concerned (respondent No. 2, SDM/SDO, Tehsil Sandeela, District Hardoi) to decide pending Case No. 13528/2023 within one year from the next date fixed, if there is no other legal impediment, after providing proper opportunity of hearing to the parties and avoiding unnecessary adjournments; the merits were expressly left unexamined.

Issue for consideration

Whether this Court should direct respondent No. 2 (Sub Divisional Magistrate/Sub Divisional Officer, Tehsil Sandeela, District Hardoi) to decide Case No. 13528/2023 (Sandeep Kumar Gautam vs. Smt. Lajjawati and others) under Section 134 of U.P. Revenue Code, 2006, filed 30.10.2023 and pending since 2023, within a stipulated time, having regard to the one-year guideline in para 458(1) of U.P. Revenue Court Manual. +1 more

Court's answer

The petition is disposed of with a direction to the Authority concerned to decide the pending suit within one year from the next date fixed in the case, if there is no other legal impediment, after providing proper opportunity of hearing to the parties; unnecessary adjournments are to be avoided.

Ratio / Principle

The Court expressly did not examine the case of either party on merits; the authority concerned remains free to decide the matter strictly in accordance with law.

Key takeaways

Issuance of notice to the private-respondents was dispensed with in view of the order proposed to be passed.ratio¶6

Detailed headnote1 paragraphs

Matters Under Article 227 No. 1519 of 2025 (Allahabad High Court, Lucknow Bench; Saurabh Lavania, J.; order dated 21.3.2025): Writ petitioner sought a direction to the Sub Divisional Magistrate/Sub Divisional Officer, Tehsil Sandeela, District Hardoi to decide Case No. 13528/2023, Sandeep Kumar Gautam vs. Smt. Lajjawati and others, under Section 134 of U.P. Revenue Code, 2006 (filed 30.10.2023 and pending), citing para 458(1) of U.P. Revenue Court Manual under which declaration suits should preferably be decided within one year, and also sought removal of alleged encroachment over Gata No. 1377/0.0500 hectare. Learned standing counsel raised no objection to an expedite order; notice to private respondents was dispensed with. The Court disposed of the petition directing the Authority concerned to decide the pending suit within one year from the next date fixed, if there is no other legal impediment, after providing proper opportunity of hearing and avoiding unnecessary adjournments, while making clear that it had not examined the case of either party on merits and the authority remains free to decide strictly in accordance with law.

Neutral Citation No. - 2025:AHC-LKO:16341

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 1519 of 2025 Petitioner :- Sandeep Kumar Gautam Respondent :- State Of U.P. Thru. Collector, Hardoi And Others Counsel for Petitioner :- Piyush Mishra,Ashutosh Kumar Tiwari Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the parties.

In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.

The present application has been filed for the following main relief:-

"(i) direct the Sub Divisional Magistrate/Sub Divisional Officer, Tehsil Sandeela, District- Hardoi i.e. respondent No.2 to decide the case No. 13528/2023, Sandeep Kumar Gautam vs. Smt. Lajjawati and others, under Section 134 of U.P. Revenue Code, 2006 filed by the petitioner on 30.10.2023 which is pending before him, within stipulated time period.

(ii) direct the respondent No.2 to ensure removal of illegal encroachment/possession over the Gata No. 1377/0.0500 Hectare situated at Village, Bantala Kheda, Majra Bada Gaon, Post- Bada Gaon, Pargana and Tehsil Sandeela, District Hardoi, made by the private respondents without having any title and authority."

It is stated that as per para 458(1) of U.P. Revenue Court Manual , a suit preferred for declaration of rights should preferably be decided by the revenue Court concerned within a period of one year from the date of filing of the same, however, in the instant case, the suit of such nature is pending since 2023 and on account of pendency of the same, the petitioner is suffering great hardship and mental agony. In these circumstance, indulgence of this Court is required in the matter. The prayer is to direct the Authority/Court concerned to decide the suit, in issue.

It is further submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided.

Learned standing counsel submits that he has no objection in case an expedite order is passed.

Considering the aforesaid, the instant petition is disposed of with a direction to the Authority concerned to decide the pending suit within one year from the next date fixed in the case, if there is no other legal impediment in this regard after providing proper opportunity of hearing to the parties to the litigation. For conducting the proceedings in the time specified, unnecessary adjournments be avoided.

It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law.

With the aforesaid observations, the petition is disposed of.

Order Date :- 21.3.2025 Jyoti/-

Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench