Virendra Kumar Vs Naib Tehsildar Dariyabad Tehsil… — Writ and Judicial Review | Allahabad HC (2024)

Virendra Kumar Vs Naib Tehsildar Dariyabad Tehsil… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Direction to respondent No.1 to decide Case No.RST/01084/2018 (Computerized Case No.T201804120201084) expeditiously with full opportunity of hearing and without unnecessary adjournments to either party, conditional upon the petitioner furnishing an undertaking not to seek unnecessary adjournments; merits expressly left open.

Issue for consideration

Whether respondent No.1 should be directed to consider and decide the pending Case No.RST/01084/2018 (Computerized Case No.T201804120201084, Virendra Kumar & Arvind Kumar Vs. Mayawati) expeditiously.

Court's answer

Respondent No.1 was directed to consider and decide the pending Case No.RST/01084/2018 (Computerized Case No.T201804120201084) as expeditiously as possible, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties.

Ratio / Principle

The petitioner was to furnish an undertaking not to seek unnecessary adjournments (except in exceptional circumstances) along with a copy of the order; failing which the petitioner shall not be entitled to the benefit of this order.

Key takeaways

The Court expressly did not examine the petitioner's case on merits; the authority concerned remains free to decide the matter strictly in accordance with law.ratio¶¶16

Detailed headnote1 paragraphs

MATTERS UNDER ARTICLE 227 No. 4222 of 2024 — Virendra Kumar v. Naib Tehsildar Dariyabad, Tehsil Ram Sanehighat, Dist. Barabanki & 2 Others (High Court of Judicature at Allahabad, Lucknow Bench; Hon'ble Jaspreet Singh, J.; order dated 4.9.2024): Petition under Article 227 seeking expeditious disposal of Case No.RST/01084/2018, Computerized Case No.T201804120201084 (Virendra Kumar & Arvind Kumar Vs. Mayawati), pending before respondent No.1. The ordersheet extract showed that proceedings could not advance on the majority of dates owing to the Members of the Bar abstaining from judicial work. The Court disposed of the petition, directing respondent No.1 to decide the case as expeditiously as possible after affording full opportunity of hearing to the parties but without granting any unnecessary adjournment to either party; the petitioner was to furnish an undertaking to that effect along with a copy of the order, failing which the benefit of the order would not be available. The Court clarified that it had not examined the case on merits and the authority remained free to decide strictly in accordance with law.

Neutral Citation No. - 2024:AHC-LKO:60617

Court No. - 8

Case :- MATTERS UNDER ARTICLE 227 No. - 4222 of 2024

Petitioner :- Virendra Kumar Respondent :- Naib Tehsildar Dariyabad Tehsil Ram Sanehighat Dist. Barabanki And 2 Others Counsel for Petitioner :- Arvind Kumar 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 ofÏce of the Chief Standing Counsel.

In view of the order proposed to be passed by this Court, notice to the private-respondent Nos.1 and 2 is dispensed with.

By means of the instant petition, the petitioner seeks expeditious disposal of his Case No.RST/01084/2018 Computerized Case No.T201804120201084 (Virendra Kumar & Arvind Kumar Vs. Mayawati), which is pending before the respondent No.1.

It is urged that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided.

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

Learned standing counsel has drawn the attention of the Court to the extract of the ordersheet and has pointed out that in majority of the dates, the proceedings before the respondent No.1 could not advance on account of the resolution passed by the Members of the Bar abstaining from judicial work.

At this stage, learned counsel for the petitioner submits that the petitioner is ready to furnish an undertaking that she will not seek any

unnecessary adjournment, except in exceptional circumstances 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 to consider and decide the pending proceedings of Case No.RST/01084/2018 Computerized Case No.T201804120201084 (Virendra Kumar & Arvind Kumar Vs. Mayawati) as expeditiously as possible, after 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 the petitioner 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 :- 4.9.2024 ank

Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench