Disposed

Ram Udit Pal and Another v. Add. Commissioner Judicial Ayodhya Mandal Ayodhya and 2 Others

Allahabad HC6 Mar 2024A227/1151/2024

Case brief

AI extract

What is this about?

An Article 227 petition sought a direction to the Additional Commissioner Judicial to decide a pending stay application under Section 38(4) of the U.P. Revenue Code 2006 within one month. The court dismissed the petition by disposing of it with directions to the authority to conclude proceedings within the time framed by law without examining the merits.

What did the court decide?

Direction to the Additional Commissioner Judicial to consider and decide the pending application dated 22.12.2023 within one month.

Ram Udit Pal and Another vs Add… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:20214

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 1151 of 2024 Petitioner :- Ram Udit Pal And Another Respondent :- Add. Commissioner Judicial Ayodhya Mandal Ayodhya And 2 Others Counsel for Petitioner :- Ajay Madhavan Counsel for Respondent :- C.S.C.,Mohan Singh,Umesh Chandra

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Hon'ble Saurabh Lavania,J.

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Heard Sri Ajay Madhavan, learned Counsel for the petitioners, learned Umesh Chandra, learned Counsel for the respondent no.2, Sri Mohan Singh, learned Counsel for the Gaon Sabha and Sri Shashank Kumar Singh, learned State Counsel.

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

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

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"I. To issue an order or direction, to Opposite party no. 1 to decide the stay application dated 22.12.2023, pending in Appeal No. 3014/2023, u/s 38 (4) U.P. Revenue Code (Ram Udit & Another Vs. Chandrabhaan and others), contained in Annexure no. 2. in the earliest possible time, in the interest of justice."

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From the record as also from the submissions advanced by learned Counsel for the parties, it appears that application in issue, seeking interim protection is pending consideration since 22.12.2023 before the opposite party no.1/Additional Commissioner Judicial, Ayodhya Mandal Ayodhya, which was filed alongwith the appeal challenging the order dated 19.12.2023 passed in case no. 3113/2023, Computerized Case No. T202304710503113 (Chandrabhan Pal Versus Ram Udit and Others) instituted under Section 38(2) of U.P. Revenue Code 2006 (in short 'Code of 2006') and parties have already appeared before the concerned authority namely opposite party no.1/Additional Commissioner Judicial, Ayodhya Mandal Ayodhya, and an application for amendment seeking amendment in the memo of appeal is also pending consideration and as per statutory provisions the appeal of such nature should be decided within a period of six months.

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Considering the facts and circumstances of the case, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, the present petition is disposed of with direction to opposite party no.1 to consider and decide the application dated 22.12.2023 in issue, seeking interim protection within a period of one month from the next date fixed in the matter.

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It is expected from the opposite party no.1 to conclude the proceedings within time framed as provided under law, if possible and if there is no legal impediment in this regard.

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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.

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With the aforesaid, the petition is disposed of.

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Order Date :- 6.3.2024

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Jyoti/-

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

Ram Udit Pal and Another v. Add. Commissioner Judicial Ayodhya Mandal Ayodhya and 2 Others

Case brief

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Ram Udit Pal and Another v. Add. Commissioner Judicial Ayodhya Mandal Ayodhya and 2 Others

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