Devki Nandan Pandey Vs State of U.P. Thru… — Writ and Judicial Review | Allahabad HC (2025)

Devki Nandan Pandey Vs State of U.P. Thru… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No.1/Collector/Upper Collector, Gonda to conclude the proceedings in issue (Appeal No. 2366/2024) most expeditiously, affording full opportunity of hearing to the parties and without granting unnecessary adjournment to either party, preferably within three months from the next date fixed in the case, if there is no other legal impediment; merits expressly left unexamined.

Issue for consideration

Whether the pending Appeal No. 2366/2024 (Shushil Kumar Vs. Gaon Sabha, Chandvatpur) under section 67(5) of U.P. Revenue Code 2006 before the Collector/Upper Collector, Gonda should be directed to be concluded expeditiously. +1 more

Court's answer

The petition is disposed of with a direction to the respondent No.1/Collector/Upper Collector, Gonda to conclude the proceedings in issue most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party.

Ratio / Principle

The proceedings are to be concluded preferably within a period of three months from the next date fixed in the case, if there is no other legal impediment in this regard.

Key takeaways

The Court has not examined the case of either party on merits, and the Authority concerned shall be free to decide the matter strictly in accordance with law.ratio¶¶13

Detailed headnote1 paragraphs

Matters Under Article 227 No. 2438 of 2025 (Neutral Citation 2025:AHC-LKO:24409), High Court of Judicature at Allahabad, Lucknow Bench (Hon'ble Saurabh Lavania, J.), Order Date 29.4.2025 - Devki Nandan Pandey v. State of U.P. thru. Collector, Gonda and 4 Others. The petitioner, aged about 61 years, sought (i) a direction to the Collector/Upper Collector, Gonda to decide Appeal No. 2366/2024 (Shushil Kumar Vs. Gaon Sabha, Chandvatpur) under section 67(5) of U.P. Revenue Code 2006, pending since 20-08-2024, and (ii) directions to opposite party nos. 2 & 3 to get Gaon Sabha land vacated from the alleged illegal possession of opposite party no. 5 under the process in section 67(3) of the Code. Notice to private respondents was dispensed with. Finding no fruitful purpose in keeping the petition pending, the Court disposed of it, directing the respondent No.1/Collector/Upper Collector, Gonda to conclude the proceedings most expeditiously, affording full opportunity of hearing and without granting unnecessary adjournments, preferably within three months from the next date fixed, if there is no other legal impediment. The Court made clear it had not examined either party's case on merits and the Authority was free to decide strictly in accordance with law.

Neutral Citation No. - 2025:AHC-LKO:24409

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 2438 of 2025

Petitioner :- Devki Nandan Pandey Respondent :- State Of U.P. Thru. Collector, Gonda And 4 Others Counsel for Petitioner :- Ram Kumar Srivastava Ram Kumar,Gaya Prasad Counsel for Respondent :- C.S.C.,Pankaj Gupta

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the petitioner and learned State counsel.

In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.

The instant petition has been preferred seeking following main relief(s):-

"I. Issue a direction, directing to opp party no. 1 i.e. Collector/Upper Collector, Gonda to decide the appeal No. 2366/2024, pending before him Shushil Kumar Vs. Gaon Sabha, Chandvatpur under section 67(5) of U.P. Revenue Code 2006 pending since 20-08-2024 contained as Annexure no.9 to this petition.

II. Issue a direction, directing to opp.party no.2 & 3 to order to get Gaon Sabha Land vacated by adopting legal process as provided under section 67(3) of U.P. Revenue code from the illegal possession of opp.party no.5 with the help of police force."

It is submitted that for the reasons beyond control of the petitioner, the proceedings, in issue, have not been concluded and on account of pendency of the same, the petitioner, who is aged about 61 years, is suffering great hardship and mental agony. In these circumstances, indulgence of this Court is required in the matter. The prayer is to expedite the proceedings in issue.

Considering the facts and circumstances of the case, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the respondent No.1/Collector/Upper Collector, Gonda to conclude the proceedings in issue most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party preferably within a period of three months from the next date fixed in the case, if there is no other legal impediment in this regard.

It is made clear that the Court has not examined the case of either party 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 :- 29.4.2025 Arun/-

Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench