Ashutosh Mishra and 3 Others v. State of U.P. Thru. Collector, Ambedkar Nagar and Others

Allahabad HC21 Jan 2025A227/225/2025

Case brief

AI extract

What is this about?

Expedited/early disposal of pending revenue case; Article 227 petition; Section 144/116 U.P. Revenue Code, 2006; Case No.T201604467013263; undertaking against unnecessary adjournments; delay due to Bar abstention from judicial work; ordersheet extract; Allahabad High Court Lucknow Bench; Jaspreet Singh, J.; neutral citation 2025:AHC-LKO:3662; order dated 21.1.2025; petition disposed of with direction to respondent No.2.

What did the court decide?

Direction to respondent No.2 to decide Case No.T201604467013263 (Section 144/116, U.P. Revenue Code, 2006) most expeditiously, with full opportunity of hearing and without unnecessary adjournments to either party, conditional on the petitioners furnishing the stated undertaking with a copy of the order; merits expressly left unexamined. ¶¶17

Ashutosh Mishra and 3 Others Vs State of U.P… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether this Court should direct respondent No.2 to consider and decide the pending Case No.T201604467013263 (under Section 144/116, U.P. Revenue Code, 2006) expeditiously.

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Court's answer

Respondent No.2 is directed to consider and decide the pending proceedings in Case No.T201604467013263 most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either party.

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Ratio / Principle

The petitioners shall furnish an undertaking (not to seek unnecessary adjournments except in exceptional circumstances and to cooperate in early disposal) along with a copy of the order; if they do not furnish it, they shall not be entitled to the benefit of the order.

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Key takeaways

The Court has not examined the petitioners' case on merits; the authority concerned shall be free to decide the matter strictly in accordance with law.ratio¶¶16

Detailed headnote1 paragraphs

Ashutosh Mishra and 3 others v. State of U.P. thru. Collector, Ambedkar Nagar and others (Matters under Article 227 No. 225 of 2025, High Court of Judicature at Allahabad, Lucknow Bench, Jaspreet Singh, J., order dated 21.1.2025): Petition under Article 227 seeking expeditious disposal of revenue Case No.T201604467013263 filed under Section 144/116, U.P. Revenue Code, 2006, pending before respondent No.2. Though many dates had been fixed, the matter had not advanced, largely because on the majority of dates proceedings could not continue owing to the Bar's resolution abstaining from judicial work. The Court disposed of the petition, directing respondent No.2 to consider and decide the pending case most expeditiously after affording full opportunity of hearing to the parties but without granting any unnecessary adjournment to either party. The petitioners were required to furnish an undertaking to that effect along with a copy of the order, failing which they would not be entitled to the benefit of the order. It was made clear that the Court had not examined the case on merits and the authority remained free to decide strictly in accordance with law.

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Neutral Citation No. - 2025:AHC-LKO:3662

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 225 of 2025

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Petitioner :- Ashutosh Mishra And 3 Others Respondent :- State Of U.P. Thru. Collector, Ambedkar Nagar And Others

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Counsel for Petitioner :- Diwakar Pratap Pandey Counsel for Respondent :- C.S.C.,Rakesh Kumar Chaudhary

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioners. Notice on behalf of the respondents No.1 and 2 has been accepted by the office of the Chief Standing Counsel. Shri R. K. Chaudhary, learned counsel has accepted notice on behalf of the respondent no.9.

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In view of the order proposed to be passed by this Court, notice to the private-respondents No.3 to 8 is dispensed with.

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By means of the instant petition, the petitioners seek expeditious disposal of his Case No.T201604467013263 filed under Section 144/116 U.P. Revenue Code, 2006, which is pending before the respondent No.2.

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

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

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Learned standing counsel has drawn the attention of the Court to the extract of the ordersheet and has pointed out that in majority of the dates, the proceedings before the respondent No.2 could not advance on account of the resolution passed by the Members of the Bar abstaining from judicial work.

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At this stage, learned counsel for the petitioners submits that the petitioners are ready to furnish an undertaking that they will not seek any unnecessary adjournment, except in exceptional circumstances and shall also cooperate in the early disposal of the aforesaid case.

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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.2 to consider and decide the pending proceedings of Case No.T201604467013263 filed under Section 144/116 U.P. Revenue Code, 2006, most expeditiously as early as possible, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties.

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The petitioners shall also furnish an undertaking, as mentioned above, along with a copy of this order. In case, if the petitioners do not furnish the aforesaid undertaking, then the petitioners shall not be entitled to the benefit of this order.

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It is made clear that the Court has not examined the case of the petitioners on merits and the authority concerned shall be free to decide the matter strictly in accordance with law.

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With the aforesaid, the petition is disposed of .

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Order Date :- 21.1.2025 ank

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Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench

Ashutosh Mishra and 3 Others v. State of U.P. Thru. Collector, Ambedkar Nagar and Others

Case brief

What is this about?

What did the court decide?

Ashutosh Mishra and 3 Others v. State of U.P. Thru. Collector, Ambedkar Nagar and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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