Ram Jag Tiwari v. Sub Divisional Officer Tarabganj Gonda and 6 Others

Court No. - 21 Case :- MATTERS UNDER ARTICLE 227 No. - 3220 of 2023 Petitioner :- Ram Jag Tiwari Respondent :- Sub Divisional Officer Tarabganj Gonda And 6 Others Counsel for Petitioner :- Kunwar Bahadur Singh Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Dinesh Pathak,J. Heard learned counsel for the petitioner, learned standing counsel representing respondent No.1, learned counsel for the Gaon Sabha and perused the record. Instant writ petition has been filed, inter alia, for the following relief: "(i) direct the opposite party No.1 (Sub - Divisional Officer, Tarabganj, Gonda) to decide the Case/application under Section 24 of Uttar Pradesh Revenue Code, 2006 (Ram Jag Tiwari Versus Ramesh Chandra Tiwari and others) filed by the petitioner on 23.12.2022 for finalization of the dispute regarding boundaries of the Agricultural land of petitioner of Gata No. 1299 measuring area 0.1220 hectare, situated at Village-Kharouwa, Paragana Nawabganj, Tehsil-Tarabganj, District-Gonda before the opposite party No.1, which is pending before him within stipulated time period.

(ii) Issue any other order or direction which this Hon'ble Court may deem fit, just and proper in the circumstances of the case.

(iii) Allow the petition along with cost." It is submitted that application for demarcation filed on behalf of the petitioner is pending since December, 2022 despite the fact that the statutory period for deciding the same as enunciated under Section 24(3) of the U.P. Revenue Code, 2006 has already been expired. It is further submitted that opposite parties has already appeared in the proceedings. Learned Standing Counsel as well as learned counsel for Gaon Sabha have no objection, in case, a direction is issued for early disposal of the case. In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case as mentioned in the present writ petition, with a direction to Sub - Divisional Officer, Tarabganj, Gonda (respondent No.1), before whom the aforementioned matter is pending disposal, to decide the same expeditiously, preferably, within a period of three months from the date of receipt of a certified copy of this order. It is expected that it should be decided by a reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments to either of the parties. With the aforesaid direction, present writ petition is disposed of. Order Date :- 31.5.2023 Saurabh Yadav/- High Court of Judicature at Allahabad, Lucknow Bench