Allahabad High Court
Shiv Sahai vs Addl.Commissioner Administration Lko ... on 10 November, 2020
Author: Abdul Moin
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- MISC. SINGLE No. - 19869 of 2020 Petitioner :- Shiv Sahai Respondent :- Addl.Commissioner Administration Lko Div. Lucknow & Ors. Counsel for Petitioner :- Manzar Ali Khan,Akbar Ali Khan Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J.
Heard learned counsel for the petitioner and learned Standing counsel appearing for the State-respondents.
No notice need be issued to the respondents no. 2 to 6 taking into consideration the nature of order proposed to be passed.
Learned counsel for the petitioner contends that against an order dated 10.09.2013 passed by the Deputy Collector (Revenue), Lucknow, a copy of which is annexure 2 to the petition which was in his favour, the private respondents filed an appeal bearing Appeal No. 364/2012-13, Computerized Case No. C20131000001499 before the respondent no. 1 Inre; Vishram Vs. Shiv Sahai and Ors under Section 331 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act which is pending since the last seven years without proceeding further.
Learned counsel for the petitioner contends that despite aforesaid order dated 10.09.2013 being in his favour, he is unable to enjoy the benefit of the said order on account of the pendency of the aforesaid appeal.
Accordingly, without entering into the merits of the case, the present petition is disposed of with the direction to the respondent no. 1 i.e Additional Commissioner, Administration, Lucknow Division, Lucknow to decide the aforesaid appeal within a period of one year from the date of receipt of a certified copy of this order in accordance with law after giving due opportunity of hearing to all the concerned parties provided there is no legal impediment.
It is also provided that the petitioner herein who is respondent no. 1 in the said appeal shall not seek any adjournment. In case, any adjournment is sought by the petitioner then the benefit of the said order is not available to him.
Order Date :- 10.11.2020 Pachhere/-