Disposed

Smt. Premlata v. Addil. Commissioner Judicial, Lucknow Division, Lucknow and Others

Allahabad HC1 Aug 2024/3576/2024

Case brief

AI extract

What is this about?

In this writ petition under Article 227, the court dispensed with notice to private respondents and directed the revisional court to decide the petitioner's pending impleadment application expeditiously before deciding the revision, without examining the case on merits.

What did the court decide?

Directed the revisional court to decide the petitioner's pending application for impleadment expeditiously prior to deciding the revision, affording full hearing opportunity without unnecessary adjour

Smt. Premlata Vs Addil. Commissioner… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:52478

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 3576 of 2024

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Petitioner :- Smt. Premlata Respondent :- Addil. Commissioner Judicial, Lucknow Division, Lucknow And Others Counsel for Petitioner :- Suyesh Pradhan Counsel for Respondent :- C.S.C.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioner. Notice on behalf of the respondent No.1 has been accepted by the office of the Chief Standing Counsel.

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In view of the order proposed to be passed by this Court, notice to the private-respondents No.2 and 3 is dispensed with.

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The submission of the learned counsel for the petitioner is that mutation order was passed by the Tehsildar Nighasan on 09.11.2001 and the same was affirmed against which the present petitioner has moved an application for recall.

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It is further urged that in the meantime, the private-respondent No.2 has filed a revision which is pending before the respondent No.1 against the order dated 16.08.2016. In the memo of revision, which has been brought on record as Annexure No.1 indicates that the petitioner has not made a party as she was contesting the proceedings before the Tehsildar Nighasan.

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In the revision, the petitioner has moved an application for impleadment, a copy of which has been brought on record as Annexure No.3 and it is urged that neither the petitioner has been impleaded nor her application is being disposed of, as a result, she is unable to pursue her remedy even before the Tehsildar Nighasan as the records are available before the revisional Court.

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It is in the aforesaid circumstances, it is prayed that some expedite order be passed on the application for impleadment.

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Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the revisional Court to consider and decide the

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pending application of the petitioner as expeditiously as possible and at least prior to deciding the revision, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties.

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It is made clear that the Court has not examined the case of either of the parties on merits and the revisional Court shall take a decision strictly in accordance with law.

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With the aforesaid, the petition is disposed of .

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Order Date :- 1.8.2024 Rakesh/-

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Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench

Smt. Premlata v. Addil. Commissioner Judicial, Lucknow Division, Lucknow and Others

Case brief

What is this about?

What did the court decide?

Smt. Premlata v. Addil. Commissioner Judicial, Lucknow Division, Lucknow and Others

Case brief

What is this about?

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What the court decided

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