Srimati Kuntee Vs the Court of Sub Divisional… — Writ and Judicial Review | Allahabad HC (2024)

Srimati Kuntee Vs the Court of Sub Divisional… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Direction to respondent no. 1 (Sub Divisional Officer, Tehsil-Musafirkhana, District-Amethi) to consider and decide the petitioner's Interim Relief Application most expeditiously, after affording full opportunity of hearing to the parties and without granting any adjournment to either party, preferably within two months from the next date fixed in the case, if possible and if there is no other legal impediment.

Issue for consideration

Whether the High Court should direct opposite party no. 1 (the Court of the Sub-Divisional Officer, Tehsil Musafirkhana, District Amethi) to decide expeditiously, within a specified time frame, the petitioner's 'Application for Stay' pending in her Section 207 appeal since 02/01/2024. +1 more

Court's answer

The petition is disposed of with a direction to respondent no. 1, the Sub Divisional Officer, Tehsil-Musafirkhana, District-Amethi, to consider and decide the Interim Relief Application most expeditiously, after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party.

Ratio / Principle

As per law, an order ought to have been passed on the application seeking interim protection; since the appeal had been admitted on 19.12.2023 yet no effective order had been passed on that application, the Court held that no fruitful purpose would be served in keeping the petition pending.

Key takeaways

In view of the order proposed to be passed, issuance of notice to the private respondent(s) was dispensed with.obiter¶6
The decision of the Interim Relief Application is to be made preferably within a period of two months from the next date fixed in the case, if possible and if there is no other legal impediment in this regard.ratio¶10
This 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.obiter

Detailed headnote1 paragraphs

Srimati Kuntee v. The Court of Sub Divisional Officer, Tehsil Musafirkhana, Distt. Amethi and 3 others (Allahabad High Court, Lucknow Bench, Saurabh Lavania J., 19.03.2024, Matters Under Article 227 No. 1348 of 2024): Mandamus writ under Article 227 of the Constitution seeking expeditious decision of the petitioner's 'Application for Stay' pending since 02/01/2024 in her appeal/case no. 79 of 2024 (Srimati Kuntee v. Vinod Kumar and others) under Section 207 of the Uttar Pradesh Revenue Code, 2006 before the S.D.O., Tehsil Musafirkhana. Noting that the appeal stood admitted on 19.12.2023 but no effective order had been passed on the interim-protection application although, as per law, such an order ought to have been passed, the Court dispensed with notice to the private respondents and disposed of the petition, directing the S.D.O. to consider and decide the Interim Relief Application most expeditiously, with full opportunity of hearing and without adjournments, preferably within two months from the next date fixed, if possible and absent legal impediment. The Court expressly did not examine the matter on merits, leaving the Authority free to decide strictly in accordance with law.

Neutral Citation No. - 2024:AHC-LKO:24189

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 1348 of 2024 Petitioner :- Srimati Kuntee Respondent :- The Court Of Sub Divisional Officer Tehsil Musafirkhana Distt. Amethi And 3 Others Counsel for Petitioner :- Shyam Bahadur Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Lavania,J.

Heard.

In view of order proposed to be passed, issuance of notice to the privaterespondent(s) is hereby dispensed with.

Present petition has been filed for the following main relief:-

"Therefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct to the opposite parties no-1 ie. The Court of Sub-Divisional Officer, TehsilMusafirkhana, District- Amethi for decide expeditiously, the "Application for Stay" filed by Petitioner in her Appeal / Case No- 79 of 2024 [Computerized Case No- T 202404710200079] Srimati Kuntee versus Vinod Kumar and others, Under Section-207 of the Uttar Pradesh Revenue Code, 2006 within a certain time frame as directed by this Hon'ble Court, which is pending in the court of opposite party no- 1, since- 02/01/2024, as contained Annexure No- 1, in the interest of justice."

Considering the facts and circumstances of the case, as indicated by the learned counsel for the petitioner, including that the appeal in issue has been admitted on 19.12.2023, however, till date no effective order has been passed on the application seeking interim protection, though, as per law, the order ought to have been passed on the application seeking interim protection, 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 respondent No.1Sub Divisional Officer, Tehsil-Musafirkhana, District-Amethi to consider and decide Interim Relief Application, most 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 two months from the next date fixed in the case, if possible and if there is no other legal impediment in this regard.

It is made clear that this 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 :- 19.3.2024/Vinay/-

Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench