Ram Preet Verma vs the Court of Addl… — Writ and Judicial Review | Allahabad HC (2025)

Ram Preet Verma vs the Court of Addl… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No.1/Additional Commissioner, Administration 1st, Devi Patan Division, District Balrampur to consider and decide Case No. 41 of 2023, Computerized Case No. C202308000000041 (Rajendra Prasad Vs. Ram Preet and others) most expeditiously, preferably within six months from the next date fixed, after affording full opportunity of hearing and without granting unnecessary adjournments, if there is no other legal impediment; issuance of notice to private respondents was dispensed with.

Issue for consideration

Whether this Court, in exercise of jurisdiction under Article 227, should direct the Additional Commissioner, Administration 1st, Devi Patan Division, District Balrampur to decide Case No. 41 of 2023 (Rajendra Prasad Vs. Ram Preet and others) under Section 331(3) of U.P. Z.A. and L.R. Act, 1950, pending since 10.01.2023, expeditiously.

Court's answer

In view of the pendency of the case since January, 2023 and the hardship caused to the petitioner, who is aged about 72 years, no fruitful purpose would be served in keeping the petition pending, and the petition is disposed of with a direction to respondent No.1/Additional Commissioner, Administration 1st, Devi Patan Division, District Balrampur to consider and decide Case No. 41 of 2023 (Rajendra Prasad Vs. Ram Preet and others) most expeditiously.

Ratio / Principle

The decision is to be made after affording full opportunity of hearing to the parties and without granting unnecessary adjournments to either party, preferably within six months from the next date fixed in the case, if there is no other legal impediment.

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

Writ petition (Matters Under Article 227 No. 3126 of 2025) filed by Ram Preet Verma (aged about 72 years) seeking a direction to the Additional Commissioner, Administration 1st, Devi Patan Division, District Balrampur to expeditiously decide Case No. 41 of 2023 (Computerized Case No. C202308000000041), Rajendra Prasad Vs. Ram Preet and others, under Section 331(3) of U.P. Z.A. and L.R. Act, 1950, pending since 10.01.2023. Taking note of para 458(2) of the U.P. Revenue Court Manual (appeals/revisions preferably to be decided within six months) and the petitioner's age and hardship, Hon'ble Saurabh Lavania, J. dispensed with notice to the private respondents and disposed of the petition with a direction to decide the case most expeditiously after full opportunity of hearing and 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 the merits, leaving the Authority free to decide strictly in accordance with law. Order dated 23.5.2025, Lucknow Bench.

Neutral Citation No. - 2025:AHC-LKO:30726

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 3126 of 2025

Petitioner :- Ram Preet Verma

Respondent :- The Court Of Addl. Commissioner, Administration 1st, Devi Patan Division, Balrampur And 3 Others Counsel for Petitioner :- Himanshu Pathak,Sandeep Kumar ,Yash Pal 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) direct to the Opposite Party No. 1 i.e. The court of Additional Commissioner, Administration 1st, Devi Patan Division, District Balrampur to decide the case No. 41 of 2023 bearing computerized case No C202308000000041; Rajendra Prasad Vs. Ram Preet and others, Under Section 331(3) of U.P. Z.A. and L.R. Act, 1950, expeditiously as this Hon'ble Court may deemed fit which is pending before Opposite Party No. 1 since 10.01.2023 (contained in Annexure No.1 to this petition), in the interest of justice."

Taking note of para 458(2) of U.P. Revenue Court Manual, as per which, an appeal or revision should preferably be decided within a period of six months, however, in the instant case, the appeal is pending since January, 2023 and on account of pendency of the same, the petitioner, as stated, who is aged about 72 years, is suffering great hardship and mental agony, 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/Additional Commissioner, Administration 1st, Devi Patan Division, District Balrampur to consider and decide the Case No. 41 of 2023, Computerized Case No. C202308000000041 (Rajendra Prasad Vs. Ram Preet 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 :- 23.5.2025 Arun/-

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