Neutral Citation No. - 2024:AHC-LKO:26297
Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 1573 of 2024
Petitioner :- Saroj Kumari
Respondent :- Apar Commissioner, Administration, Ayodhya
Division, Ayodhya And Others
Counsel for Petitioner :- Sujeet Kumar Sahu
Counsel for Respondent :- C.S.C.,Mohan Singh
Hon'ble Saurabh Lavania,J.
At the very outset, learned counsel for the petitioner says that
some proforma party(s) have been left to be impleaded in this
petition, as such, he may be permitted to implead the same
during the course of the day.
The prayer made is acceded as the same has not been opposed
by the side opposite.
In view of above, learned counsel for the petitioner is permitted
to implead said the proforma party(s) during the course of the
day.
Heard learned counsel for the parties.
In view of order proposed to be passed, issuance of notice to the
private-respondents is hereby dispensed with.
By means of this petition, the petitioner has sought the
following main relief:-
"A. Issue an order or direction to the opposite party no.1 to
decide the appeal filed under section 24 (4) of U.P. Revenue
Code, 2006 which was filed against the order dated 03.01.2024
in case no. 43/2024, computerized case no.
T202404230700043, name and style as Saroj Kumari Vs. Gram
Sabha Holupur relating to land gata no. 312, area 0.108 H,
situated at village Holupur, paragana Basaudi, Tehsil- Rudauli,
District- Ayodhya pending in the court of opposite party no.1
within stipulated time contained as Annexure No.4 to this
petition."
Considering the facts of the case, as indicated in this petition, as
also the relevant provisions i.e. Rule 183(4) of the U.P. Revenue
Code Rules, 2016 made under U.P. Revenue Code, 2006 and
para 458(2) of U.P. Revenue Court Manual, as per which, a
revision or appeal should be decided preferably within six
months and further that the authority who is vested with the
power to grant final relief can also grant an interim relief (see:
U.P. Police Avas Nigam Karmik Sangh, Lko v. Registrar,
Trade Union, U.P. Kanpur, 1997 (15) LCD 44), the present
petition is disposed of in following terms:-
(i) The respondent No.1/Apar Commissioner (Administration),
Ayodhya Division, Ayodhya shall consider and decide the
appeal in issue expeditiously after affording full opportunity of
hearing to the parties to the litigation and without granting any
adjournment to either party preferably within a period of six
months from the next date fixed in the case after taking note of
aforementioned provisions.
(ii) The application preferred by the petitioner seeking interim
relief alongwith the appeal in issue shall also be considered and
disposed of expeditiously say within a period of two months
from today.
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 :- 29.3.2024
Arun/-
Digitally signed by :-
ARUN KUMAR GANGWAR
High Court of Judicature at Allahabad,
Lucknow Bench