Radheyshyam Vaishya and 2 Others Vs State of U.P… — Writ and Judicial Review | Allahabad HC (2025)

Radheyshyam Vaishya and 2 Others Vs State of U.P… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioners to move, within three days from the order date, an application for expeditious disposal of the interim relief application filed alongwith the revision (if any), showing the grounds of urgency; the concerned court shall then consider it looking into the urgency shown and endeavour to decide it at an early date in accordance with law. Petition dismissed for the withdrawn prayer no.2; notice to respondent no.4 dispensed with.

Issue for consideration

Whether the revisional court (Sessions Judge, Pratapgarh) may be directed to consider and decide the interim relief application filed alongwith Revision No.61 of 2025 at an early date, in view of the approaching compliance date for the Sub-Divisional Magistrate's order dated 12.03.2025.

Court's answer

Without entering into the merits of the case, the petition was disposed of with liberty to the petitioners to move an application for expeditious disposal of the application for interim relief filed alongwith the revision, if any, showing the grounds of urgency.

Ratio / Principle

On an objection raised by learned Additional Government Advocate, learned counsel for the petitioners submitted that he did not want to press prayer no.2 and that the petition may be dismissed for that prayer, to which learned A.G.A. raised no objection.

Key takeaways

The petition was dismissed for prayer no.2 (which was not pressed) and thereafter survived only for prayer no.1.ratio¶8
If the application for expeditious disposal of the interim relief application is moved within a period of three days from the date of this order, the concerned court shall consider it looking into the urgency shown by the petitioners, and an endeavour is to be made to decide the application at an early date in accordance with law.ratio¶13
Issuance of notice to respondent no.4 was dispensed with, considering the nature of the order proposed to be passed.

Detailed headnote1 paragraphs

Neutral Citation No. 2025:AHC-LKO:19701 — High Court of Judicature at Allahabad, Lucknow Bench, Matters Under Article 227 No. 1994 of 2025, decided on 8.4.2025 by Hon'ble Rajnish Kumar, J. Petitioners (Radheyshyam Vaishya and 2 others) sought directions concerning Revision No. 61 of 2025 pending before the Sessions Judge, Pratapgarh, arising from proceedings under Section 145 Cr.P.C. (Case No. 4475 of 2024, Ramshankar versus Radheyshyam and others) instituted by respondent no. 4 over property jointly purchased by petitioner no. 1 and respondent no. 4; the Sub-Divisional Magistrate's order dated 12.03.2025 had been challenged in that revision, which the Sessions Judge admitted without considering the interim relief application, the date fixed for compliance of the SDM's order falling on the hearing date. Prayer no. 2 was withdrawn (with no objection from learned A.G.A.) and the petition dismissed for that prayer; the petition was disposed of without entering into merits, with liberty to the petitioners to move, within three days, an application for expeditious disposal of the interim relief application showing grounds of urgency, whereupon the concerned court shall look into the urgency and endeavour an early decision in accordance with law; issuance of notice to respondent no. 4 was dispensed with.

Neutral Citation No. - 2025:AHC-LKO:19701

Court No. - 11

Case :- MATTERS UNDER ARTICLE 227 No. - 1994 of 2025

Petitioner :- Radheyshyam Vaishya And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- G.A.

Hon'ble Rajnish Kumar,J.

This petition has been taken up today on an urgency shown by learned counsel for the petitioners yesterday.

On an objection raised by learned Additional Government Advocate, learned counsel for the petitioners submits that he does not want to press prayer no.2 and the petition may be dismissed for the said prayer. To which there is no objection by learned A.G.A.

In view of above the petition is dismissed for prayer no.2. Now it survives only for prayer no.1.

Learned counsel for the petitioners submits that property in dispute was purchased by the petitioner no.1 and respondent no.4 together, who are real brothers. The petitioners are residing in the portion in regard to which the proceedings under Section 145 Cr.P.C. were instituted by respondent no.4. Learned Sub-Divisional Magistrate concerned without considering the objection raised by the petitioners has passed the order dated 12.03.2025 in the proceedings under Section 145 Cr.P.C. bearing Case No.4475 of 2024; Ramshankar Versus Radheyshyam and others. The petitioners challenged the said order in revision No.61 of 2025 before the Sessions Judge, Pratapgarh. Though the Sessions Judge has admitted the revision but failed to consider the application for interim relief, whereas today is the date fixed for compliance of the order dated 12.03.2025. However the said order has not been placed on record. Thus the submission is that the revisional court may be directed to consider and decide the interim relief application at an early date. To which there is no objection by learned A.G.A..

Considering the nature of order proposed to be passed issuance of notice to respondent no.4 is dispensed with.

Without entering in to the merits of the case, the petition is disposed of with liberty to the petitioners to move application for expeditious disposal of the application for interim relief

filed alongwith the revision, if any, showing the grounds of urgency.

In case any such application is moved within a period of three days from today, the same shall be considered by the concerned court looking into the urgency shown by the petitioners and an endeavour may be made to decide the application at an early date in accordance with law.

. .. .................................... (Rajnish Kumar,J.) Order Date :- 8.4.2025 Banswar

Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench