Sadashiv and Another Vs Additional Commissioner… — Writ and Judicial Review | Allahabad HC (2025)

Sadashiv and Another Vs Additional Commissioner… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No.1/Additional Commissioner (Administration), Ayodhya Division, Ayodhya to decide Appeal No.77/2008-09 (Computerized Case No. C-2009040000105, Jiyalal and others V/s Uday Raj and others) most expeditiously, affording full opportunity of hearing and granting no unnecessary adjournments, preferably within six months from the next date fixed in the case, if there is no other legal impediment; issuance of notice to the private-respondent(s) was dispensed with.

Issue for consideration

Whether the Court should direct respondent No.1 (Additional Commissioner (Administration), Ayodhya Division, Ayodhya) to expedite disposal of Appeal No.77/2008-09, Computerized Case No. C-2009040000105, pending since 2009, in view of the petitioners' stated hardship as senior citizens.

Court's answer

The Court took note of Rule 183(4) of the U.P. Revenue Code Rules, 2016 (made under U.P. Revenue Code, 2006) and para 458(2) of the U.P. Revenue Court Manual, under which a revision or appeal should preferably be decided within six months.

Ratio / Principle

A direction was issued to respondent No.1/Additional Commissioner (Administration), Ayodhya Division, Ayodhya to consider and decide Appeal No.77/200809, Computerized Case No. C-2009040000105 (Jiyalal and others V/s Uday Raj and others) 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 six months from the next date fixed in the case, if there is no other legal impediment.

Key takeaways

The Court expressly clarified that it has not examined the case of either party on merits and the Authority concerned remains free to decide the matter strictly in accordance with law.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 7 - Hon'ble Saurabh Lavania, J. - MATTERS UNDER ARTICLE 227 No. - 2800 of 2025 - Order Date 12.5.2025. Petitioners (stated to be senior citizens suffering hardship and mental agony owing to pendency) sought a direction to the Additional Commissioner (Administration), Ayodhya Division, Ayodhya to decide Appeal No.77/2008-09, Computerized Case No. C-2009040000105 (Jiyalal and others V/s Uday Raj and others), under section 210 of L.R. Act, relating to Village-Harraiya, Pargana-Bidhar, TehsilTanda, District-Ambedkar Nagar, pending since 2009. Taking note of Rule 183(4) of the U.P. Revenue Code Rules, 2016 (made under U.P. Revenue Code, 2006) and para 458(2) of the U.P. Revenue Court Manual (per which a revision or appeal should preferably be decided within six months), the Court dispensed with issuance of notice to the private-respondent(s) and directed respondent No.1 to consider and decide the appeal most expeditiously, affording full opportunity of hearing, without unnecessary adjournments, preferably within six months from the next date fixed, if there is no other legal impediment. The Court expressly did not examine merits; the Authority is free to decide strictly in accordance with law. Petition disposed of.

Neutral Citation No. - 2025:AHC-LKO:27621

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 2800 of 2025

Petitioner :- Sadashiv And Another

Respondent :- Additional Commissioner (Administration), Ayodhya Division, Ayodhya And Others Counsel for Petitioner :- Ajay Kumar Pandey Counsel for Respondent :- C.S.C.,Mohan Singh

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the petitioners 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):-

"a. Direct the opposite party no.1 i.e. Additional Commissioner (Administration), Ayodhya Division, Ayodhya to decide the Appeal No.77/2008-09, Computerized Case No. C-2009040000105, Jiyalal and others V/s Uday Raj and others, under section 210 of L.R. Act, relating to Village-Harraiya, Pargana-Bidhar, TehsilTanda, District-Ambedkar Nagar expeditiously within a period as fixed by this Hon'ble court, in the interest of justice."

Taking note of Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006 and para 458(2) of U.P. Revenue Court Manual, as per which, revision or appeal should preferably be decided preferably within six months, however, in the instant case, the appeal is pending since 2009 and on account of pendency of the same, the petitioners, as stated, who are senior citizens, are suffering great hardship and mental agony, this petition is disposed of with a direction to the respondent No.1/Additional Commissioner (Administration), Ayodhya Division, Ayodhya to consider and decide the Appeal No.77/200809, Computerized Case No. C-2009040000105 (Jiyalal and others V/s Uday Raj and others) 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 six 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 :- 12.5.2025 Arun/-

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