Allahabad High Court
Chandresh And Another vs Commissioner, Ayodhya Division, ... on 19 May, 2023
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:35222 Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 2408 of 2023 Petitioner :- Chandresh And Another Respondent :- Commissioner, Ayodhya Division, Ayodhya And Others Counsel for Petitioner :- Girish Kumar Pandey,Peeyush Shukla Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J.
At the very outset, learned counsel for the petitioners says that inadvertently one necessary party could not be impleaded in this petition, as such, he may be permitted to implead the said party during the course of the day.
The prayer aforesaid is acceded, as the same has not been opposed.
In view of above, learned counsel for the petitioners is permitted to implead the party in the memo of this petition during the course of the day.
Heard learned counsel for the parties.
In view of the order proposed, issuance of notice to private opposite parties is hereby dispensed with.
The present petition has been filed for the following main reliefs:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the opposite party no.-1 to consider and decide the application for stay/interim relief expeditiously pending with the revision no.- 569 of 2023 under section 333 U.P. Z.A. & L.R. Act and also dispose of the revision itself in the interest of justice.
It is further prayed that this Hon'ble Court may kindly be pleased to direct the opposite parties not to take any coercive action against the petitioners in respect of disputed land in pursuance of order dated 27.02.2023 in Case No.- 90/2012-2013 computerized case no.-D201304400135 under section 198(4) U.P.Z.A. & L.R. Act filed by the petitioners during pendency of opposite party no.-1, in the interest of justice."
It is submitted that the revision, in issue, was filed alongwith an application seeking interim relief before the opposite party No. 1/Commissioner, Ayodhya Division, Ayodhya in the month of Marcy, 2023, however, till date, no order on the application seeking interim relief could be passed and the next date fixed in the case is 26.05.2023. As such, this petition has been filed for the reliefs sought.
It is further stated that para 458(2) of U.P. Revenue Court Manual says that an appeal or revision should preferably be decided within a period of six months. In these circumstances, indulgence of this Court is required in the matter. The prayer is to expedite the proceedings of the case, in issue.
Learned State counsel submits that he has no objection in case an expedite order is passed.
Considering the facts and circumstances of the case, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the opposite party No.1 to consider and decide the application seeking interim relief preferred by the petitioners in the revision, in issue, strictly in accordance with law within a maximum period of two months from the date of production of certified copy of this order before the Authority concerned. It is expected that the opposite party No. 1 shall also make all endeavour to conclude the revision, in issue, in terms of para 458(2) of U.P. Revenue Court Manual.
The petitioners are directed to file an affidavit of undertaking before the Authority concerned that they would appear on each date fixed in the case and will not take any adjournment before the Authority concerned.
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 observations/directions, the petition is disposed of.
Order Date :- 19.5.2023 Arun/-