Disposed

Mahesh Bihari @ Mahesh v. Sub Divisional Magistrate, Tehshil Sidhauli, Sitapur and Others

Allahabad HC24 Mar 2025A227/1536/2025

Case brief

AI extract

What is this about?

The High Court disposed of a petition under Article 227 directing the Sub Divisional Magistrate to consider and conclude proceedings regarding an application for recall and restoration of an order under Section 176 of the U.P. Z.A. & L.R. Act 1950 within three months.

What did the court decide?

Direction to Sub Divisional Magistrate to consider and conclude the pending application within three months after affording full opportunity of hearing.

Mahesh Bihari @ Mahesh Vs Sub Divisional Magistrate… — Landlord and Tenant | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC-LKO:16631

¶2

Court No. - 7

¶3

Case :- MATTERS UNDER ARTICLE 227 No. - 1536 of 2025 Petitioner :- Mahesh Bihari @ Mahesh Respondent :- Sub Divisional Magistrate, Tehshil Sidhauli, Sitapur And Others

¶4

Counsel for Petitioner :- Ajit Ranjan,Pradeep Kumar Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey

¶5

Hon'ble Saurabh Lavania,J.

¶6

Heard learned counsel for the petitioner, Shri Yogesh Kumar Awasthi, learned Standing Counsel for the State and perused the record.

¶7

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

¶8

The instant petition has been preferred seeking following main relief:-

¶9

"(i) ISSUE a necessary order direction in nature of commanding the opposite party no.1 to decide the Application Case No.451/ T202110640500892 for Recall of Order dated 30.10.2023 in Case No.00892 of 2021 as well as Restoration of Case No.00892 of 2021 styled as (Hemnath Vs Mahesh and other) Under Section- 176 U.P Z.A & L.R. Act 1950, pending before the L.d Court of "Sub Divisional Magistrate, Tehshil- Sidhauli, District- Sitapur, Uttar Pradesh" within a specified period as provided under Rule of 109 (10) of Uttar Pradesh Revenue Code Rules 2016. As well as restrain opposite party no.2 to 5 for disposes petitioner from his land till the Application Case No. 451/ T202110640500892 is pending."

¶10

Taking note of the facts of the case as appears from the record including that the suit filed in the month of March, 2015 under Section 176 of U.P. Z.A. & L.R. Act, 1950, was finally decided on 30th October, 2023 and in relation to the said order the application in issue is pending consideration since 06.03.2024, the present petition is disposed of with a direction to the respondent No.1/Sub Divisional Magistrate, Tehsil-Sidhauli, District Sitapur to consider and conclude the proceedings within three months after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party.

¶11

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.

¶12

With the aforesaid, the petition is disposed of .

¶13

Order Date :- 24.3.2025 ML/-

¶14

Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

Mahesh Bihari @ Mahesh v. Sub Divisional Magistrate, Tehshil Sidhauli, Sitapur and Others

Case brief

What is this about?

What did the court decide?

Mahesh Bihari @ Mahesh v. Sub Divisional Magistrate, Tehshil Sidhauli, Sitapur and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ram Kumar Vs State of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. and 4 Others

Sandeep Kumar Gautam Vs State of U.P. Thru. Collector, Hardoi and Others

Smt. Vijma Devi Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 4 Others

Manoj Kumar vs State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. of Home, Lko and Another

Mahesh Bihari @ Mahesh vs Sub Divisional Magistrate, Tehshil Sidhauli, Sitapur and Others

Mahendra Pal vs State of U.P. Thru. Secy. Revenue Deptt. Lko. and 7 Others