Smt. Purnima Devi Vs Naib Tehsildar, Kunda, Tehsil - Kunda, Pratapgarh and Others — Allahabad HC (2025) — LawSathi Research

Smt. Purnima Devi Vs Naib Tehsildar, Kunda, Tehsil - Kunda, Pratapgarh and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of by directing respondent No.1 (Naib Tehsildar, Kunda) to consider and decide pending Case No.324 of 2024 (Computerized Case No.T-202202570100324, under Section 34, Uttar Pradesh Revenue Code-2006) most expeditiously, with full opportunity of hearing and without unnecessary adjournments, conditional upon the petitioner furnishing the undertaking referred to in the order.

Issue for consideration

Whether the Court should direct respondent No.1 (Naib Tehsildar, Kunda) to expeditiously decide the petitioner's pending Case No.324 of 2024 (Computerized Case No.T-202202570100324) under Section 34 of the Uttar Pradesh Revenue Code-2006.

Court's answer

The Court directed respondent No.1 to consider and decide the pending proceedings of Case No.324 of 2024 (Computerized Case No.T-202202570100324) most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties.

Ratio / Principle

The benefit of the expedite direction is conditional on the petitioner furnishing an undertaking that she will not seek unnecessary adjournments (except in exceptional circumstances) and will cooperate in early disposal of the case; if the undertaking is not furnished, the petitioner shall not be entitled to the benefit of the order.

Key takeaways

It is made clear that the Court has not examined the case of the petitioner on merits, and the authority concerned shall remain free to decide the matter strictly in accordance with law.ratio¶16
In view of the order proposed to be passed, notice to the private respondents No.2 and 3 was dispensed with.ratio¶7

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No. 8; Jaspreet Singh, J.; Order dated 21.1.2025; Neutral Citation 2025:AHC-LKO:3668) disposed of a Matters Under Article 227 petition (No. 234 of 2025) filed by Smt. Purnima Devi seeking expedited disposal of her Case No.324 of 2024, Computerized Case No.T-202202570100324, filed under Section 34 of the Uttar Pradesh Revenue Code-2006 and pending before the Naib Tehsildar, Kunda (respondent No.1) since 21.12.2021. Delays were attributed largely to a Bar resolution abstaining from judicial work. The Court dispensed with notice to private respondents No.2 and 3, took the petitioner's undertaking against unnecessary adjournments, and directed respondent No.1 to decide the pending case most expeditiously with full opportunity of hearing and without granting unnecessary adjournments to either side. It expressly clarified that the merits had not been examined by the Court and the authority remains free to decide strictly in accordance with law; absent the undertaking, the petitioner gets no benefit of the order.

Neutral Citation No. - 2025:AHC-LKO:3668

Court No. - 8

Case :- MATTERS UNDER ARTICLE 227 No. - 234 of 2025

Petitioner :- Smt. Purnima Devi Respondent :- Naib Tehsildar, Kunda, Tehsil - Kunda, Pratapgarh And Others Counsel for Petitioner :- Govind Kumar Pandey Counsel for Respondent :- C.S.C.

Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioner. Notice on behalf of the respondent No.1 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.2 and 3 is dispensed with.

By means of the instant petition, the petitioner seeks expeditious disposal of his Case No.324 of 2024, Computerized Case No.T-202202570100324, filed under Section 34 of Uttar Pradesh Revenue Code-2006 which is pending before the respondent No.1 since 21.12.2021.

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.

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

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.1 could not advance on account of the resolution passed by the Members of the Bar abstaining from judicial work.

At this stage, learned counsel for the petitioner submits that the petitioner is ready to furnish an undertaking that she will not seek any

unnecessary adjournment, except in exceptional circumstances and shall also cooperate in the early disposal of the aforesaid case.

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 proceedings of Case No.324 of 2024, Computerized Case No.T-202202570100324, filed under Section 34 of Uttar Pradesh Revenue Code-2006 most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties.

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

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

With the aforesaid, the petition is disposed of .

Order Date :- 21.1.2025 ank

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