Smt. Shiv Kumari Vs State of U.P. Thru. Secy… — Writ and Judicial Review | Allahabad HC (2024)

Smt. Shiv Kumari Vs State of U.P. Thru. Secy… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Petition disposed of with a direction to respondent No.2 to consider and finally decide Recall Application No.T-202004040400973 (Shiv Kumari Vs. State) under Section 34 of the U.P. Revenue Code, 2006 expeditiously, affording full opportunity of hearing and without unnecessary adjournments; no merits examined.

Issue for consideration

Whether respondent No.2 should be directed to consider and finally decide Recall Application No.T-202004040400973 (Shiv Kumari Vs. State) filed under Section 34 of the U.P. Revenue Code, 2006, pending before it, expeditiously.

Court's answer

The Court directed respondent No.2 to consider and finally decide the pending proceedings of Recall Application No.T-202004040400973 (Shiv Kumari Vs. State) 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 party.

Ratio / Principle

The Court did not examine the case of either party on merits; the authority concerned shall consider and decide the matter strictly in accordance with law.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Jaspreet Singh, J.; order dated 7.11.2024) disposed of a petition under Article 227 (Matters Under Article 227 No. 5250 of 2024) filed by Smt. Shiv Kumari seeking expeditious disposal of Recall Application No.T-202004040400973 (Shiv Kumari Vs. State) filed under Section 34 of the U.P. Revenue Code, 2006, pending before respondent No.2, where the matter remained undecided despite a large number of dates. The Court held that no gainful purpose would be served in keeping the petition pending and directed respondent No.2 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 Court expressly clarified that it had not examined the case of either party on merits and that the authority concerned shall decide the matter strictly in accordance with law. Learned standing counsel had no objection to an expedite order.

Neutral Citation No. - 2024:AHC-LKO:73718

Court No. - 8

Case :- MATTERS UNDER ARTICLE 227 No. - 5250 of 2024 Petitioner :- Smt. Shiv Kumari Respondent :- State Of U.P. Thru. Secy. Revenue Deptt., Lucknow And Others Counsel for Petitioner :- Ravindra Kumar Yadava,Deepali Yadav,Neha Chaurasia,Ram Suphal 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 and 2 has been accepted by the office of the Chief Standing Counsel.

By means of the instant petition, the petitioner seeks expeditious disposal of his Case bearing Recall Application No.T-202004040400973 (shiv Kumari Vs. State) filed under Section 34 of the U.P. Revenue Code, 2006 pending before the respondent No.2.

It is submitted 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.

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.2 to consider and finally decide the pending proceedings of Case bearing Recall Application No.T-202004040400973 (shiv Kumari Vs. State) 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.

It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall consider and decide the matter strictly in accordance with law.

With the aforesaid, the petition is disposed of .

Order Date :- 7.11.2024 Asheesh

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