M/S P.R. Developer Thru. Its Propritor Rajesh Kumar Gupta Vs Board of Revenue U.P. Lko. Thru. Its Chairman and 14 Others — Allahabad HC (2025) — LawSathi Research

M/S P.R. Developer Thru. Its Propritor Rajesh Kumar Gupta Vs Board of Revenue U.P. Lko. Thru. Its Chairman and 14 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent No.1 (Board of Revenue) to consider and decide the petitioner's pending Second Appeal No.1193/2020 most expeditiously, affording full opportunity of hearing without unnecessary adjournments, provided there is no legal impediment; petition disposed of.

Issue for consideration

Whether the Court should direct expeditious disposal of the petitioner's Second Appeal No.1193/2020, pending before respondent No.1 (Board of Revenue).

Court's answer

This Court held that no gainful purpose would be served in keeping the petition pending, and directed respondent No.1 (Board of Revenue) to consider and decide the petitioner's pending second appeal most expeditiously.

Ratio / Principle

In deciding the second appeal, respondent No.1 shall afford full opportunity of hearing to the parties and shall not grant unnecessary adjournments to either of the parties.

Key takeaways

The direction to dispose of the second appeal is to be carried out preferably as expeditiously as possible, provided there is no legal impediment.ratio¶12
The Court expressly clarified that it had not examined the case of either party on merits, and that the court concerned shall consider and decide the second appeal strictly in accordance with law.ratio¶13

Detailed headnote1 paragraphs

Matters Under Article 227 No. - 119 of 2025, Court No. 8, High Court of Judicature at Allahabad, Lucknow Bench; single-judge order by Hon'ble Jaspreet Singh, J., dated 15.1.2025 (Neutral Citation No. 2025:AHC-LKO:2342). M/S P.R. Developer (through its proprietor Rajesh Kumar Gupta) petitioned for expeditious disposal of its Second Appeal No.1193/2020 pending before respondent No.1, Board of Revenue U.P., Lucknow, noting that numerous dates had been fixed without decision. Notice for respondents No.1 to 3 was accepted by the office of the Chief Standing Counsel, who raised no objection to an expedite order; notice to private-respondents No.4 to 15 was dispensed with. The Court directed respondent No.1 to consider and decide the pending second appeal most expeditiously, affording full opportunity of hearing to the parties without granting unnecessary adjournments to either side, preferably as expeditiously as possible, provided there is no legal impediment. The Court expressly stated that it had not examined the case of either party on merits and that the appeal was to be decided strictly in accordance with law. The petition was disposed of.

Neutral Citation No. - 2025:AHC-LKO:2342

Court No. - 8

Case :- MATTERS UNDER ARTICLE 227 No. - 119 of 2025

Petitioner :- M/S P.R. Developer Thru. Its Propritor Rajesh Kumar Gupta Respondent :- Board Of Revenue U.P. Lko. Thru. Its Chairman And 14 Others

Counsel for Petitioner :- Bhavana Gupta,Rajesh Kumar Verma Counsel for Respondent :- C.S.C.

Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioner. Notice on behalf of the respondents No.1 to 3 has been accepted by the office of the Chief Standing Counsel.

In view of the order proposed to be passed by this Court, notice to the private-respondents No.4 to 15 is dispensed with.

By means of the instant petition, the petitioner seeks expeditious disposal of Second Appeal No.1193/2020, pending before the respondent No.1.

It is submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the aforesaid second appeal has not yet been decided.

Learned standing counsel submits that he has no objection in case an expedite order is passed.

Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.1 to consider and decide the pending second appeal of the petitioner, as aforesaid, most expeditiously, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably as expeditiously as possible provided that there is no legal impediment.

It is made clear that the Court has not examined the case of either of the parties on merits and the Court concerned shall consider and decide the second appeal of the petitioner strictly in accordance with law.

With the aforesaid, the petition is disposed of .

Order Date :- 15.1.2025 Rakesh/-

Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench