Meena @ Smt. Meena @ Meena Devi Vs State of U.P… — Writ and Judicial Review | Allahabad HC (2024)

Meena @ Smt. Meena @ Meena Devi Vs State of U.P… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Direction to opposite party no. 2 / Sub Divisional Officer, Tehsil Maholi, District Sitapur, to consider and decide the petitioner's pending application under Section 151 C.P.C. in Appeal No. 3773/2023 most expeditiously, preferably within one month from the next date fixed, without unnecessary adjournments; issuance of notice to the private respondents dispensed with.

Issue for consideration

Whether the High Court should direct opposite party no. 2 (Sub Divisional Officer, Tehsil Maholi, District Sitapur) to decide the petitioner's application under Section 151 C.P.C., seeking interim protection, pending in Case/Appeal No. 3773/2023 (Computerized Case No. T202310640003773), forthwith or within a prescribed period.

Court's answer

Since the petitioner's application seeking interim protection in Appeal No. 3773/2023 (under Section 35(2) of the U.P. Revenue Code 2006) had not been disposed of, the petition is disposed of with a direction to opposite party no. 2 / Sub Divisional Officer, Tehsil Maholi, District Sitapur, to consider and decide the pending application most expeditiously, as per law, without unnecessary adjournments, preferably within one month from the next date fixed, if there is no other legal impediment.

Key takeaways

The Sub Divisional Officer is expected to make all endeavours to dispose of the appeal itself after taking note of Rule 183(4) of the U.P. Revenue Code Rules, 2016 read with para 458(2) of the U.P. Revenue Court Manual, according to which an appeal or revision should preferably be decided within six months.obiter¶10
The Court expressly clarified that it has not examined the case of either party on merits, and the Authority concerned remains free to decide the matter strictly in accordance with law.obiter¶11

Detailed headnote1 paragraphs

Article 227 - Expeditious disposal - Petitioner's application under Section 151 C.P.C. seeking interim protection, filed in Appeal No. 3773/2023 (Computerized Case No. T202310640003773) instituted under Section 35(2) of the U.P. Revenue Code 2006 before the Sub Divisional Officer, Tehsil Maholi, District Sitapur, lay undecided - Notice to private respondents dispensed with - Petition disposed of with direction to the Sub Divisional Officer to consider and decide the pending application most expeditiously, as per law, without unnecessary adjournments, preferably within one month from the next date fixed, if there is no legal impediment - Authority expected to take note of Rule 183(4) of the U.P. Revenue Code Rules, 2016 read with para 458(2) of the U.P. Revenue Court Manual, under which an appeal or revision should preferably be decided within six months - Court did not examine merits; Authority free to decide strictly in accordance with law.

Neutral Citation No. - 2024:AHC-LKO:14298

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 755 of 2024 Petitioner :- Meena @ Smt. Meena @ Meena Devi Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 4 Others Counsel for Petitioner :- Pramod Kumar Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey

Hon'ble Saurabh Lavania,J.

Heard.

In view of order proposed to be passed, issuance of notice to the privaterespondent(s) is hereby dispensed with.

The present petition has been filed for the following main relief:-

"i. Issue a order or direction thereby directing the opposite party no. 2 to decide the application under section 151 C.P.C. filed by the petitioner in Case No. 3773/2023 Computerized Case No. T202310640003773 (Smt. Meena Devi Versus Smt. @ Ram Pyari and Others) forthwith or within prescribed period granted by this Hon'ble Court in the interest of justice. (Annexure No. 1)."

Considering the fact that application in issue, seeking interim protection filed by the petitioner in Appeal No. 3773/2023 Computerized Case No. T202310640003773 (Smt. Meena Devi Versus Smt. @ Ram Pyari and Others), instituted under Section 35(2) of U.P.Revenue Code 2006 (in short 'Code of 2006'), has not been disposed of till date, the present petition is disposed of with direction to opposite party no.2/Sub Divisional Officer, Tehsil Maholi District Sitapur, to consider and decide the pending application in issue, quoted in the prayer clause, most expeditiously, as per law, but without granting any unnecessary adjournment, preferably within a period of one month from the next date fixed before it, if there is no other legal impediment in this regard.

It is expected from the opposite party no.2/Sub Divisional Officer, Tehsil Maholi District Sitapur, that he shall make all endeavour to dispose of the appeal after taking note of Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006 read with para 458(2) of U.P. Revenue Court Manual, according to which an appeal or revision should preferably be decided within a period of six months.

It is made clear that the Court has not examined the case of either party 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 :- 19.2.2024

Jyoti/-

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