Writ petition seeking directions for expeditious disposal of a pending appeal before the Commissioner against an SDO order under Section 209 U.P.Z.A.&L.R. Act, and interim protection from eviction. Court disposed of the writ directing decision within three months and protecting petitioners' possession meanwhile.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:163039
Court No. - 50
Case :- WRIT - C No. - 33556 of 2024
Petitioner :- Smt. Gulabi Devi And Another Respondent :- State Of Up And 2 Others Counsel for Petitioner :- S.P.K. Tripathi
Hon'ble Ashutosh Srivastava,J.
Heard Shri S.P.K. Tripathi, learned counsel for the petitioners and learned Standing Counsel for the State-respondent Nos. 1 and 2.
Considering the nature of the order that is proposed to be passed, the service of notice upon respondent No. 3 is being dispensed with.
The writ petition has been filed seeking issuance of a writ of mandamus commanding the respondent No. 2, the Commissioner, Gorakhpur Region, Gorakhpur to hear, conclude and decide the petitioners' appeal No. C202405000001060 of 2024 pending before him against the order dated 7.6.2024 passed by the Sub Divisional Officer, Tehsil Sadar, District Gorakhpur in Case No. T20150531039839, under Section 209 of the U.P.Z.A.&L.R. Act within a time frame fixed by this Court.
A further prayer in the nature of mandamus commanding the respondents not to dispossess the petitioner from the house in terms of the Notice dated 25.9.2024 till the decision of the appeal pending before the Commissioner, Gorakhpur Region, Gorakhpur has also been prayed for.
It is the case of the petitioners that they have built a house over Arazi No. 306M, area 0.020 hectare, situate in Mohalla Rustampur, Tappa and Pargana Haveli, Tehsil Sadar, District Gorakhpur in pursuance of an agreement to sell dated 28.3.1990 with written permission to construct the house over the said Arazi. The house of the petitioners has been allotted registration No. 038907 by the Municipal Corporation, Gorakhpur. The respondent No. 3 filed a suit under Section 209 of the U.P.Z.A.&L.R. Act in the Court of the Sub Divisional Officer, Gorakhpur which was registered as Case No. T20150531039839 for dispossessing the petitioners from the land in dispute and giving its possession to the respondent No. 3. The petitioners put in appearance in the said
proceedings and filed their objections. The Suit No. T20150531039839 came to be decided by the Sub Divisional Officer, Gorakpur on 7.6.2024.
The petitioners have preferred an appeal against the order dated 7.6.2024 before the Commissioner, Gorakhpur Region, Gorakhpur, which is pending as on date. It is contended that the appeal was filed on 18.6.2024. However, despite all efforts by the petitioners, the same has not been heard till date.
Learned counsel for the petitioners has invited attention of this Court to the order-sheet of the appeal filed on record as Annexure11 to the writ petition, which reveals that on 3.7.2024, the appeal was adjourned on account of the Advocates abstaining from work and on 24.7.2024 was fixed. On 24.7.2024, the Commissioner directed the parties to submit their written submissions on the question of admission of the appeal fixing 26.7.2024 for orders. Thereafter, the appeal is being adjourned on some pretext or the other. Meanwhile, the Revenue Inspector has pasted a notice on the house of the petitioners requiring them to vacate by 5.10.2024, failing which the petitioners would be evicted from the Arazi in question, in accordance with law.
Learned counsel for the petitioners contends that the appeal against the order dated 7.6.2024 has already been filed and the same is pending adjudication before the Commissioner, Gorakhpur Division, Gorakhpur and in case, the order impugned in the appeal is given effect to, the whole purpose of filing the appeal would stand frustrated. He further contends that petitioners cannot be penalized on account of non consideration of their appeal.
Lastly, it is contended that purpose of filing the present writ petition would stand sub served, if appropriate directions are issued for expeditious consideration of pending appeal and till disposal of the appeal, their rights may be protected.
Learned Standing Counsel representing the State-respondents submits that the pending appeal of the petitioners shall be decided within the time frame fixed by this Court in accordance with law and has no objection for such a direction being issued.
Having heard learned counsel for the petitioners as well as learned Standing Counsel representing the State-respondents, this Court is of the opinion that no useful purpose would be served by keeping the writ petition pending and the same can be disposed of directing expeditious disposal of the pending appeal and protecting the
rights of the petitioners till its disposal.
Accordingly, the writ petition is disposed of by requiring the Commissioner, Gorakhpur Division, Gorakhpur in seisin of appeal of the petitioners registered as Case No. C202405000001060 of 2024 to hear, conclude and decide the appeal, on merits, expeditiously, preferably within a period of three months from the date of service of certified copy of the order of this Court.
Till disposal of the appeal or for a period of three months, whichever is earlier, the petitioners shall not be dispossessed from the Arazi in question nor their constructions existing as on date, shall be demolished in pursuance of the order dated 7.6.2024 passed by the Sub Divisional Magistrate, Tehsil Sadar, District Prayagraj in Case No.T20150531039839, under Section 209 of the U.P.Z.A.&L.R. Act.
Order Date :- 4.10.2024 Ravi Prakash
(Ashutosh Srivastava, J.)
Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the pending appeal before the Commissioner against the SDO order under Section 209 U.P.Z.A.&L.R. Act should be decided expeditiously.
Whether petitioners should be protected from dispossession till disposal of the appeal.
1 provisions across 1 enactments
Smt. Gulabi Devi And Another
State Of Up
Respondent No. 3
Ashutosh Srivastava
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
