Smt. Bhagmata Vs Nayab Tahsildar Mawai Tahsil… — Writ and Judicial Review | Allahabad HC (2024)

Smt. Bhagmata Vs Nayab Tahsildar Mawai Tahsil… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Direction to respondent No.1 (Nayab Tahsildar) to consider and finally decide Case No.2774 of 2023; Computerized Case no.T202304230702774 (Section 34, U.P. Revenue Code, 2006) expeditiously, with full opportunity of hearing and no unnecessary adjournments to either party; conditional on the petitioner furnishing the stated undertaking, failing which the benefit of the order is lost.

Issue for consideration

Whether the pending Case No.2774 of 2023 (Computerized Case no.T202304230702774) under Section 34 of the U.P. Revenue Code, 2006 before respondent No.1 should be directed to be finally decided expeditiously.

Court's answer

This Court held that ends of justice would be served by directing respondent No.1 to consider and finally decide the pending proceedings of Case No.2774 of 2023 rather than keeping the petition pending.

Ratio / Principle

The pending case was to be decided as expeditiously as possible, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties.

Key takeaways

The petitioner was required to furnish an undertaking (not to seek unnecessary adjournments and to cooperate in early disposal) along with a copy of the order; failure to furnish it would disentitle the petitioner to the benefit of the order.ratio¶13
The Court expressly did not examine the case of either party on merits; the authority concerned remains free to decide the matter strictly in accordance with law.ratio¶14

Detailed headnote1 paragraphs

Expedite petition under Article 227 (MATTERS UNDER ARTICLE 227 No. 4882 of 2024, High Court of Judicature at Allahabad, Lucknow Bench, Jaspreet Singh, J., order dated 22.10.2024) seeking speedy disposal of Case No.2774 of 2023; Computerized Case no.T202304230702774, filed under Section 34 of the U.P. Revenue Code, 2006, pending before the Nayab Tahsildar, Mawai Tahsil, Rudauli, Dist. Ayodhya (respondent No.1). The Court disposed of the petition by directing respondent No.1 to consider and finally decide the pending proceedings as expeditiously as possible, affording full opportunity of hearing to the parties but without granting any unnecessary adjournment to either party. The petitioner was to furnish an undertaking not to seek unnecessary adjournments and to cooperate in early disposal, failing which she would not be entitled to the benefit of the order. The Court expressly did not examine the matter on merits and left the authority free to decide strictly in accordance with law. Notice to the private respondent No.2 was dispensed with; respondents No.1 was represented by the Chief Standing Counsel (C.S.C.).

Neutral Citation No. - 2024:AHC-LKO:71199

Court No. - 8

Case :- MATTERS UNDER ARTICLE 227 No. - 4882 of 2024

Petitioner :- Smt. Bhagmata Respondent :- Nayab Tahsildar Mawai Tahsil Rudauli Dist. Ayodhya And Another Counsel for Petitioner :- Rajneesh Maurya,Satyam Maurya,Virendra Patel

Counsel for Respondent :- C.S.C.

Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioner. Notice on behalf of the respondents 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 No.2 is dispensed with.

By means of the instant petition, the petitioner seeks expeditious disposal of the Case No.2774 of 2023; Computerized Case no.T202304230702774 filed under Section 34 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 to consider and finally decide the pending proceedings of Case No.2774 of 2023; Computerized Case no.T202304230702774 filed under Section 34 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 :- 22.10.2024 Harshita

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