Sarwan Kumar Vs Sub Divisional Magistrate, Tahsil… — Writ and Judicial Review | Allahabad HC (2024)

Sarwan Kumar Vs Sub Divisional Magistrate, Tahsil… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Direction to respondent No.1 (Sub Divisional Magistrate, Ramsanehighat, District Barabanki) to consider and finally decide the recall application dated 12.01.2024 in Case No.T202404120200046 as expeditiously as possible, affording full opportunity of hearing without unnecessary adjournments, conditional upon the petitioner furnishing the stated undertaking; petition disposed of.

Issue for consideration

Whether the Court should direct expeditious final disposal of the petitioner's recall application dated 12.01.2024 in Case No.T202404120200046 (Sarwan Kumar vs Ram Singh and ors) under Section 24 of the U.P. Revenue Code, 2006, pending before the Sub Divisional Magistrate, Ramsanehighat.

Court's answer

Ends of justice are served by directing respondent No.1/Sub Divisional Magistrate, Ramsanehighat, District Barabanki to consider and finally decide the pending recall application dated 12.01.2024 in Case No.T202404120200046 (Sarwan Kumar vs Ram Singh and ors) under Section 24 of the U.P. Revenue Code, 2006 as expeditiously as possible, affording full opportunity of hearing to the parties but without granting any unnecessary adjournment to either of the parties.

Ratio / Principle

The petitioner shall furnish an undertaking (as offered through counsel, i.e., not to seek unnecessary adjournments and to cooperate in early disposal) along with a copy of the order.

Key takeaways

If the petitioner does not furnish the aforesaid undertaking, the petitioner shall not be entitled to the benefit of this order.ratio¶13
The Court has not examined the case of either of the parties on merits; the authority concerned shall be free to decide the matter strictly in accordance with law.obiter¶14

Detailed headnote1 paragraphs

Matters under Article 227 — expeditious disposal — recall application dated 12.01.2024 in Case No.T202404120200046 (Sarwan Kumar vs Ram Singh and ors) under Section 24, U.P. Revenue Code, 2006 pending before Sub Divisional Magistrate, Tahsil Ramsanehighat, Barabanki — Held: SDM directed to consider and finally decide the recall application as expeditiously as possible, affording full opportunity of hearing to the parties but without granting any unnecessary adjournment to either party; petitioner to furnish undertaking not to seek unnecessary adjournments and to cooperate in early disposal, failing which the benefit of the order is lost; Court has not examined the merits and the authority is free to decide strictly in accordance with law — Petition disposed of. (Jaspreet Singh, J.; order dated 7.8.2024)

Neutral Citation No. - 2024:AHC-LKO:54092

Court No. - 8

Case :- MATTERS UNDER ARTICLE 227 No. - 3672 of 2024

Petitioner :- Sarwan Kumar Respondent :- Sub Divisional Magistrate, Tahsil Ramsanehighat, Barabanki And Others Counsel for Petitioner :- Amit Kumar Singh,Prashansa Singh Counsel for Respondent :- C.S.C.

Hon'ble Jaspreet Singh,J.

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.

In view of the order proposed to be passed by this Court, notice to the private-respondent Nos.2 to 6 is dispensed with.

By means of the instant petition, the petitioner seeks expeditious disposal of his recall application dated 12.01.2024 in Case No.T202404120200046 (Sarwan Kumar vs Ram Singh and ors) filed under Section 24 of the U.P. Revenue Code, 2006 pending before the respondent No.1.

Learned standing counsel submits that he has no objection in case an expedite order is passed.

At this stage, learned counsel for the petitioner submits that the petitioner is ready to furnish an undertaking that the petitioner will not seek any unnecessary adjournment and shall also cooperate in the early disposal of the aforesaid case.

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 respondent No.1/Sub Divisional Magistrate Ramsanehighat District Barabanki to consider and finally decide the pending recall application dated 12.01.2024 in Case No.T202404120200046 (Sarwan Kumar vs Ram Singh and ors) filed under Section 24 of the U.P. Revenue Code, 2006 as expeditiously as possible, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties.

The petitioner shall also furnish an undertaking, as mentioned above, along with a copy of this order. In case, if the petitioner

does not furnish the aforesaid undertaking, then the petitioner shall not be entitled to the benefit of this order.

It is made clear that the Court has not examined the case of either of the parties 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 :- 7.8.2024 Harshita

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