Suresh Chandra v. Learned Additional Commissioner Judicial Ayodhya and 3 Others

Allahabad HC30 May 2024WRIC/4949/2024

Case brief

AI extract

What is this about?

Writ petition against revisional order upholding a Tehsildar interim order passed in a case dismissed for want of prosecution with recall application pending. Court observed no interim order could be passed in such a case and issued notice to respondents, directing status quo till next listing.

What did the court decide?

Notice issued to respondent Nos. 3 and 4; counter affidavit permitted; status quo ordered between parties till next date.

Suresh Chandra vs Learned Additional Commissioner… — Property and Title | Allahabad HC (2024)

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Court No. - 18

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Case :- WRIT - C No. - 4949 of 2024

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Petitioner :- Suresh Chandra Respondent :- Learned Additional Commissioner Judicial Ayodhya And 3 Others Counsel for Petitioner :- Indrajeet,Bhanu Pratap Singh Counsel for Respondent :- C.S.C.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the parties and perused the record.

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The present writ petition has been preferred for quashing of the impugned orders dated 20.11.2023 passed by the learned Additional Commissioner (Judicial), Ayodhya Division, Ayodhya in Revision No.01033/2019, Computerized Case No.C201904000001033; Suresh Chandra vs. Rooprani & others; U/s 219 U.P. Revenue Act, 1901.

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Learned counsel for the petitioner has submitted that the Tehsildar has passed the interim order in favour of the Respondent No.3 in Case No.T201904120501956 filed by the Respondent No.3 completely ignoring the fact that the said case preferred by the Respondent No.3 under Section 34/35 of Uttar Pradesh Revenue Code, 2006 was dismissed for want of prosecution and the recall application preferred by the Respondent No.3 is still pending and in support of his submission, the learned counsel for the petitioner has drawn the attention of this Court to the Questionnaire dated 29.04.2024, which has been annexed as Annexure 8 to the writ petition, which shows that the recall application dated 9.9.2016 is still pending.

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It is further submitted that without recalling the order of dismissal of the case for want of prosecution, no interim order could be passed.

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It is further submitted that against the said order the petitioner has preferred a revision and the Revisional Court has dismissed the revision on the ground that the matter is still pending before the Tehsildar and the petitioner may go and file his case before the Tehsildar.

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After hearing learned counsel for the parties and going through the record of the case, the position which emerges out in this case is that no interim order could be passed in the case which was dismissed for want of prosecution / dismissed, specially

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when the said order has not been recalled, but this fact may be brought into notice of the Tehsildar concerned by moving an application for vacation of the order, which has already been moved by the petitioner but no order has been passed on the same.

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Issue notice to the Respondent Nos.3 and 4 returnable at an early date.

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Learned counsel for the petitioner prays for and is granted one week's time for taking steps.

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List this case in the last week of July, 2024, as fresh.

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In the meantime, learned Standing Counsel may file his counter affidavit.

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Till the next date of listing, the parties shall maintain status quo. Order Date :- 30.5.2024 S. Kumar

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

Suresh Chandra v. Learned Additional Commissioner Judicial Ayodhya and 3 Others

Case brief

What is this about?

What did the court decide?

Suresh Chandra v. Learned Additional Commissioner Judicial Ayodhya and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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