Irshad Educational and Welfare Society, Barabanki… — Writ and Judicial Review | Allahabad HC (2025)

Irshad Educational and Welfare Society, Barabanki… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to the Authority concerned to decide Revision No. 2443 of 2023 within six months from the next date fixed, if there is no other legal impediment, after providing proper opportunity of hearing to the parties and avoiding unnecessary adjournments; notice to private respondents dispensed with.

Issue for consideration

Whether the Authority concerned (opposite party no.2) should be directed to decide Revision No. 2443 of 2023, pending since October 2023, within a stipulated period.

Court's answer

The Authority concerned is directed to decide the pending revision within 6 months from the next date fixed in the matter, if there is no other legal impediment, after providing proper opportunity of hearing to the parties; unnecessary adjournments are to be avoided.

Ratio / Principle

The Court has not examined the case of either party on merits; the authority shall be free to decide the matter strictly in accordance with law.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Saurabh Lavania, J.), order dated 14.5.2025 in Matters Under Article 227 No. 2822 of 2025: Petition by Irshad Educational and Welfare Society, Barabanki, through its Manager, seeking a direction to opposite party no.2 to decide Revision No. 2443 of 2023 (Saddam Husain V/s Sageer Khan and others) under Section 210, U.P. Revenue Code, 2006, pending since October 2023, within a stipulated period, invoking Rule 183(4) of the U.P. Revenue Code Rules, 2016 read with Para 458(2) of the U.P. Revenue Court Manual (preference for disposal of appeal/revision within six months). Learned State Counsel raised no objection to an expedite order; notice to the private respondents was dispensed with. The petition was disposed of with a direction to the Authority concerned to decide the pending revision within six months from the next date fixed, if there is no other legal impediment, after providing proper opportunity of hearing to the parties and avoiding unnecessary adjournments. The Court expressly clarified that it had not examined the case of either party on merits and the authority remains free to decide the matter strictly in accordance with law.

Neutral Citation No. - 2025:AHC-LKO:28049

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 2822 of 2025 Petitioner :- Irshad Educational And Welfare Society, Barabanki Thru. Manager, Parvej Ahmad And Another Respondent :- State Of U.P. Thru. District Magistrate / Collector, Barabanki And Others Counsel for Petitioner :- Virendra Kumar Shukla,Shyam Pratap Singh Counsel for Respondent :- C.S.C.,Mohan Singh

Hon'ble Saurabh Lavania,J.

Heard learned Counsel for the petitioners and Sri Anurag Maurya, learned State Counsel.

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

The present petition has been filed for the following main relief:-

"a. issue order or direction to the opposite party no.2 to decide the Revision No.2443 of 2023, Saddam Husain V/s Sageer Khan and others, under section 210 of U.P. Revenue Code, 2006, within stipulated period as fixed by this Hon'ble court, in the interest of justice."

It is stated that as per Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006 read with para 458(2) of U.P. Revenue Court Manual, an appeal or revision should preferably be decided within a period of six months. However, in the instant case, the revision is pending since October 2023 and on account of pendency of the same, the petitioners are suffering great hardship and mental agony. Prayer is to direct the authority concerned to decide the case within stipulated time.

It is further submitted 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.

In view of above, the instant petition is disposed of with a direction to the Authority concerned to decide the pending revision within 6 months from the next date fixed in the matter, if there is no other legal impediment in this regard, after providing proper opportunity of hearing to the parties to the litigation. For conducting the proceedings in the time specified, unnecessary adjournments be avoided.

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

With the aforesaid observations, the petition is disposed of.

Order Date :- 14.5.2025 Jyoti/-

Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench