Trilokinath Laghu Madhyamik Vidyalaya Thru… — Writ and Judicial Review | Allahabad HC (2024)

Trilokinath Laghu Madhyamik Vidyalaya Thru… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Direction to opposite party no.1 (Addl. Commissioner (Judicial), Ayodhya Division, Ayodhya) to consider and decide the pending application for condonation of delay most expeditiously, after affording full opportunity of hearing to the parties and without granting unnecessary adjournments, preferably within four months from the next date fixed; no relief on prayer no.1, which was not pressed.

Issue for consideration

Whether the orders dated 04.03.2021 and 22.02.2021 passed by respondent no.1 in Case No. RST/00359 of 2021 should be set aside (prayer no.1) - raised in the petition but expressly not pressed by counsel for the petitioner. +1 more

Ratio / Principle

Without entering into the merits, the petition is disposed of with a direction to opposite party no.1 to consider and decide the pending application seeking condonation of delay most expeditiously, after affording full opportunity of hearing to the parties, without granting any unnecessary adjournment, preferably within a period of four months from the next date fixed before it.

Key takeaways

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.obiter¶13

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Saurabh Lavania, J. - Petition under Article 227 by Trilokinath Laghu Madhyamik Vidyalaya (through its Manager) sought (i) setting aside of orders dated 04.03.2021 and 22.02.2021 passed by the Additional Commissioner (Judicial), Ayodhya Division in Case No. RST/00359 of 2021 (Ravibhan Shukla and another v. State of U.P.), and (ii) a direction to expedite and decide the said case within a time-bound period. Prayer no.1 was not pressed, as the impugned orders are the subject matter of a pending revision before respondent no.1. The revision, filed in March 2021 challenging an order dated 22.09.1986, had an application for condonation of delay pending undisposed since 2021, although para 458(2) of the U.P. Revenue Court Manual contemplates that a revision should preferably be decided within six months. Without entering into the merits, the Court disposed of the petition, directing opposite party no.1 to consider and decide the pending condonation-of-delay application most expeditiously, after affording full opportunity of hearing and without unnecessary adjournments, preferably within four months from the next date fixed, making clear that the Authority remains free to decide the matter strictly in accordance with law.

Neutral Citation No. - 2024:AHC-LKO:6612

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 314 of 2024 Petitioner :- Trilokinath Laghu Madhyamik Vidyalaya Thru. Manager Awadhesh Kumar Sultanpur U.P. Respondent :- Addl. Commissioner Judicial Ayodhya Division Ayodhya And 4 Others Counsel for Petitioner :- Mohiuddin Khan,Mohd.Zaid Khan Counsel for Respondent :- C.S.C.,Mohan Singh

Hon'ble Saurabh Lavania,J.

Heard.

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

The present petition has been filed for the following main relief:-

"Issue an order or direction thereby setting aside the impugned orders dated 04.03.2021 and 22.02.2021 passed by respondent no. 1 in Case No. RST/00359 of 2021, Computerized Case No.C202104000000359, title Ravibhan Shukla and another Versus State of U.P. through the Collector Sultanpur and others as contained in Annexure no.1 and 2 to this petition.

(ii) Issue an order or direction thereby commanding and directing the respondent no.1 to expedite the proceedings and decide the Case No.RST/00359 of 2021, Computerized Case No.C202104000000359, title Ravibhan Shukla and another Versus State of U.P. through the Collector Sultanpur and others within the time bound period as may be fixed by this Hon'ble Court."

At the very outset, Sri Mohiuddin Khan, learned Counsel for the petitioner stated that order dated 04.03.2021 and 22.02.2021 indicated in the prayer no.1, sought in the present petition, are subject matter of pending revision before respondent no.1/Additional Commissioner(Judicial), Ayodhya Division, Ayodhya and as such he does not want to press the prayer no.1, at this stage and he is confining the present petition with regard to prayer no.2.

He further stated that that revision in issue was filed challenging the order dated 22.09.1986 in the month of March 2021, and till date the application for condonation of delay has not been disposed of though as per statutory provision, the revision itself should preferably be decided within a period of six months. In support of his submission a reference has been made on para 458(2) of U.P. Revenue Court Manual.

Considering the facts as stated, particularly the period of pendency of the application seeking condondation of delay, which appears to be pending since 2021 and without entering into the merit of the case, this petition is disposed of with direction to opposite party no.1 to consider and decide the pending application seeking condonation of delay, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably within a period of four months from the next date fixed before it.

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, the petition is disposed of.

Order Date :- 23.1.2024

Jyoti/-

Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench