Allahabad High Court
Jai Karan vs Union Of India And 7 Others on 16 July, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:114963 Court No. - 35 Case :- WRIT - C No. - 38376 of 2024 Petitioner :- Jai Karan Respondent :- Union Of India And 7 Others Counsel for Petitioner :- Brijesh Kumar,Prem Prakash Yadav Counsel for Respondent :- A.S.G.I.,C.S.C.,Gopal Verma Hon'ble Syed Qamar Hasan Rizvi,J.
1. Prem Prakash Yadav, learned counsel for the petitioner, Sri Gopal Verma, learned counsel appearing for the Union of India / respondent nos. 1 and 2 and Sri Anand Kumar Upadhyay, learned standing counsel appearing for the State-respondent nos. 3 to 8 are present.
2. By means of the present writ petition the petitioner has prayed for the following relief:
"I. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to interfere in the peaceful possession of petitioner relating to Khata No. 49, Gata No. 390, area 0.71560 hectare, situated at Kanarsi (Dankaur), Gautam Budh Nagar.
II. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 8 to decide the Declaratory Suit Case No. T202311270101530 of 2023 (Jai Karan vs. State of U.P. & Others) within stipulated period.
III. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities not demolish the petitioner house situated over the Khata No. 49, Gata No. 390, area 0.71560 hectare till the disposal of Declaratory Suit Case No. T202311270101530 of 2023 (Jai Karan vs. State of U.P. & Others).
IV. To issue any other writ, order or direction which this Hon'ble court may deem fit and proper in the facts and circumstances of the case."
3. Learned counsel for the petitioner during the course of argument has confined his prayer only to the prayer no. II. He submits that at this stage the petitioner does not want to press the other prayer namely prayer nos. I, III, IV and V.
4. Taking into consideration the request made by learned counsel for the petitioner, this Court proceeds to pass orders in respect of the prayer no. II alone.
5. Sri Gopal Verma, learned Central Government Counsel appearing for the Union of India placed before this Court a copy of the instruction dated 19.11.2024 received from the office of the Custodian of Enemy Property for India, the same is taken on record. The contents of the said instructions are quoted herein below:
"Subject: Instruction in W.P. No. 38376 of 2024 Titled Jai Karan and UOI and 7 others Sir,
1. Reference is made to WRIT-C No. 38376/2024.
2. It is submitted that No records of the property Khata No. 49, Gata No. 390, Area 0.7160 Hectare situated at Kanarsi (Dankaur), Gautam Budh Nagar is available with the office as on date.
3. Hence, the property in question is no included in our official records as on date. In case of information relating to the subject property pertaining to a Pak National is received in future, action as per EP Act 1968, shall be initiated.
(Brig Yashpal Singh) Chief Supervisor O/o Custodian of Enemy Property for India."
6. Dealing with the prayer no. II as quoted herein above, this Court finds that the Clause 458(1) of the U.P. Revenue Court Manual provided as under."
"458. Speedy Disposal- (1) The court shall endeavour to finally decide the suit within a period of one year from the date of institution of the suit and if the suit is not decided within the period aforesaid, the reason for the same shall be recorded.
7. The above quoted provision indicates the clear legislative mandate that if proceedings are not concluded within stipulated period of time as provided under the aforesaid provision, reasons for the same shall be recorded.
8. Learned Standing Counsel appearing for the State-respondents submits that he has no objection to the extent that the present writ petition is disposed of with a direction by this Court to the authority concerned for disposal of the case within stipulated period as to be fixed by this Court.
9. Taking into consideration the fact that the petitioner is pressing only the prayer No. I as quoted herein above, this Court is of the view that no useful purpose would be served in keeping the present writ petition pending.
10. Accordingly, without adverting on merits of the case and with the consent of the parties, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Sub Divisional Officer, Sadar, Gautam Budh Nagar (respondent No. 6), to decide the Case No. T202311270101530 of 2023 (Jai Karan vs. State of U.P. & Others) strictly in accordance with law, after affording opportunity of hearing to the parties concerned, expeditiously and preferably within a maximum period of one year from the date of receipt of a certified copy of this order, unless there is any legal impediment. It is further directed that no unnecessary adjournments will be granted to either of the parties and any adjournment, if prayed for, may be granted only in exceptional circumstances.
11. With the aforesaid direction, the present writ petition is disposed of.
Order Date :- 16.7.2025 Arif