Rajesh Kumar Singh Vs District Magistrate Sultanpur and 5 Others — Allahabad HC (2024) — LawSathi Research

Rajesh Kumar Singh Vs District Magistrate Sultanpur and 5 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief granted at this stage; main prayers (compliance with the order dated 29.6.2018 and eviction of opposite party no. 6) not acceded to in view of pending Appeal No. 416 of 2024; matter consigned to record with liberty to the petitioner to approach the Court at the appropriate stage if cause accrues.

Issue for consideration

Whether a writ of mandamus should issue commanding opposite parties 1-4 to ensure compliance with the order dated 29.6.2018 passed by the Tahsildar/Assistant Collector, Jaisinghpur, Sultanpur in Case No. 3507/2017 (Gaon Sabha vs. Sahabu) under Section 67 of the U.P. Revenue Code 2006, and commanding eviction of the alleged illegal possession of opposite party no. 6 over gata No. 114/0.13 hec. in village Bhadila Khanipur, Tahsil Jaisinghpur, District Sultanpur.

Court's answer

In view of the pending appeal (Case No. 416 of 2024) against the order dated 29.06.2018, the Court declined to accede to the main prayers sought by the petitioner at this stage.

Ratio / Principle

The matter was consigned to record with liberty granted to the petitioner to approach the Court at the appropriate stage if cause accrues.

Key takeaways

The appellate authority was expected to consider and decide Appeal No. 416 of 2024 expeditiously, in the light of the law including that laid down by this Court in Shatrohan vs. State of U.P. & 4 Others (Writ-C No. 6430 of 2023, decided 03.08.2023).ratio¶10

Detailed headnote1 paragraphs

WRIT - C No. 1449 of 2024 (High Court of Judicature at Allahabad, Lucknow Bench; Saurabh Lavania, J.; order dated 15.2.2024). The petitioner sought mandamus commanding respondents 1-4 to ensure compliance with the order dated 29.6.2018 passed by the Tahsildar/Assistant Collector, Jaisinghpur, Sultanpur in Case No. 3507/2017 (Gaon Sabha vs. Sahabu) under Section 67 of the U.P. Revenue Code, 2006, and to evict the alleged illegal possession of opposite party no. 6 over gata No. 114/0.13 hec. in village Bhadila Khanipur, Tahsil Jaisinghpur, District Sultanpur. Learned State counsel informed the Court that Shahabu had already challenged the said order in Appeal No. 416 of 2024 (Computerized Case No. D202404680000416), which was pending. Declining to accede to the main prayers at that stage, the Court consigned the matter to record, granted the petitioner liberty to approach the Court at the appropriate stage if cause accrues, and expected the appellate authority to decide the pending appeal expeditiously in the light of the law laid down in Shatrohan vs. State of U.P. & 4 Others, Writ-C No. 6430 of 2023 (decided 03.08.2023). Petition disposed of accordingly.

Neutral Citation No. - 2024:AHC-LKO:13611

Court No. - 7

Case :- WRIT - C No. - 1449 of 2024 Petitioner :- Rajesh Kumar Singh Respondent :- District Magistrate Sultanpur And 5 Others Counsel for Petitioner :- Rajesh Kumar Shukla,Brijendra Pratap Singh Counsel for Respondent :- C.S.C.,Mohan Singh

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the petitioner, Sri Hemant Kumar Pandey, learned State counsel and Sri Govind Kumar Chaurasia, Advocate holding brief of Sri Mohan Singh, learned counsel for the Gaon Sabha concerned.

By means of this petition, the petitioner has sought the following main reliefs:-

"(i) Issue a writ, order or direction in the nature of MANDAMUS thereby commanding the opp. Party No 1 to 4 to ensure the compliance of the order dated 29.6.2018 passed by the Tahsildar, /Assistant Collector Jaisinghpur, Sultanpur in case No. 3507/2017 (Gaon sabha versus Sahabu) U/S 67 of Uttar Pradesh Revenue Code 2006 with immediate effect.

(ii) Issue a writ, order or direction in the nature of MANDAMUS thereby commanding the Opp. Parties to evict the illegal possession of the opp. Party no. 6 from the land gata No. 114/0.13 hec. situated at village Bhadila Khanipur, Tahsil Jaisinghpur, District Sultanpur."

Learned State counsel, based upon the instructions received, stated that challenging the order impugned dated 29.06.2018 passed in Case No. 3507 of 2017, Computerized Case No. T2017046850073507 (Gaon Sabha vs. Shahabu) instituted under Section 67 of U.P. Revenue Code, 2006 (in short "Code of 2006") in relation to which the present petition has been filed, the aggrieved party has filed the appeal, which is pending as Case No. 416 of 2024, Computerized Case No. D202404680000416 and proper action would be taken as per law after disposal of the appeal No. 416 of 2024 filed by Shahabu. He further submitted that the appeal would be decided expeditiously.

Taking note of the aforesaid, this Court is not inclined to accede the main prayers sought by the petitioner at this stage. Accordingly, the matter is consigned to record . Liberty is granted to the petitioner to approach this Court at appropriate stage, if cause accrues. It is expected from the appellate authority concerned that he shall consider and decide the aforesaid appeal expeditiously in the light of law in this regard including the law laid down by this Court in the judgment and order dated 03.08.2023 passed in Writ- C No.6430 of 2023 (Shatrohan vs. State of U.P. & 4 Others) .

Order Date :- 15.2.2024 Arun/-

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