Disposed

Smt. HUDA Fatima and 4 Others v. the Additional Commissioner (Judicial - Ii) Lucknow Division, Lko. and 6 Others

Allahabad HC9 Dec 2024WRIC/9877/2024

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad, Lucknow Bench, directed the Additional Commissioner to consider and decide pending revisions without adjournments, ensuring parties were heard, noting that the matter was fixed in the subordinate court but not addressing the merits of the current writ petition itself.

What did the court decide?

Directed respondent No.1 to consider, hear and decide the pending revision within three weeks if the fixed date is not possible, affording full hearing opportunity without unnecessary adjournments.

Smt. HUDA Fatima and 4 Others Vs the… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:82094

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Court No. - 8 Case :- WRIT - C No. - 9877 of 2024 Petitioner :- Smt. Huda Fatima And 4 Others Respondent :- The Additional Commissioner (Judicial - Ii) Lucknow Division, Lko. And 6 Others Counsel for Petitioner :- A.Z. Siddiqui Counsel for Respondent :- C.S.C.,Anand Dwivedi,Ashish Kumar Agarwal,Pritish Kumar,Vivek Kumar Hon'ble Jaspreet Singh,J.

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Heard Shri A.Z. Siddiqui, learned counsel for the petitioners, who has filed a rejoinder affidavit, which is taken on record.

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Learned counsel for the petitioners after arguing at some length submits that the revision is engaging the attention of respondent No.1 and is fixed for 11.12.2024. It is further urged that ends of justice can be met in case if respondent No.1 is directed to hear and decide the revision as it arises out of an order, whereby an application for injunction was rejected by the S.D.O., where a suit under Section 144 of the U.P. Revenue Code, 2006 is pending and the revisional court has granted an ex-parte injunction against the petitioner.

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It is submitted that the petitioner has already raised all his objections before respondent No.1, which may be considered and revision be decided within some time to be fixed by the Court.

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Shri Pritish Kumar, learned counsel for respondent No.2 submits that he has no objection, in case if an expedite order is passed.

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Considering the aforesaid facts and circumstances and noticing that the revision is engaging the attention of respondent No.1 and is fixed for 11.12.2024, accordingly, without entering into merits of the case, it is directed that respondent No.1 shall consider, hear and decide the pending revision either on the date fixed and in case if the same is not possible then within three weeks thereafter after affording full opportunity of hearing to the parties but without granting any unnecessary adjournment to either of the parties.

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It is made clear that the Court has not examined the case of either of the parties on merits and respondent No.1 shall be decide the case strictly in accordance with law.

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With the aforesaid, the writ petition is disposed of.

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Order Date :- 9.12.2024/Ashutosh

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Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench

Smt. HUDA Fatima and 4 Others v. the Additional Commissioner (Judicial - Ii) Lucknow Division, Lko. and 6 Others

Case brief

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Smt. HUDA Fatima and 4 Others v. the Additional Commissioner (Judicial - Ii) Lucknow Division, Lko. and 6 Others

Case brief

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