Shambhu Mishra and Others Vs State of U.P. Thru… — Writ and Judicial Review | Allahabad HC (2025)

Shambhu Mishra and Others Vs State of U.P. Thru… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent no. 2 - Additional Commissioner (Administration), Ayodhya Division, Ayodhya to decide the interim relief application in Appeal No. 443 of 2025 expeditiously, within six weeks from receipt of the service report on notice to the private respondents, if there is no legal impediment; parties directed to cooperate and refrain from seeking/granting unnecessary adjournments.

Issue for consideration

Whether respondent no. 2 - Additional Commissioner (Administration), Ayodhya Division, Ayodhya should be directed to decide, expeditiously and in a time-bound manner, the interim relief application filed in Appeal No. 443 of 2025 (Computerized Case No. C202504000000443).

Court's answer

Without entering into the merits of the case, respondent no. 2 - Additional Commissioner (Administration), Ayodhya Division, Ayodhya is directed to decide the interim relief application filed in Appeal No. 443 of 2025 expeditiously, within a period of six weeks from the date of receipt of the service report regarding service of notice upon the private respondents therein, in accordance with law, if there is no legal impediment.

Ratio / Principle

It is further directed that the parties to the case shall cooperate in expeditious disposal of the case/application, shall not seek any unnecessary adjournment, and no such adjournment shall be granted by the Court concerned except in exceptional circumstances.

Detailed headnote1 paragraphs

Writ petition under Article 227 (Matters Under Article 227 No. 4922 of 2025, High Court of Judicature at Allahabad, Lucknow Bench, Alok Mathur, J.) disposed of on 20.8.2025. Petitioners sought a direction to respondent no. 2 - Additional Commissioner (Administration), Ayodhya Division, Ayodhya to decide the interim relief application in Appeal No. 443 of 2025 (Computerized Case No. C202504000000443), Shambhu Mishra and Others Vs. Pankaj Tiwari, under Section 331(3) of the U.P. Z.A. & L.R. Act, 1950 read with Order 43 Rule 1(D) of the CPC. Notice to the private respondent was dispensed with. Without entering into the merits, the Court directed decision of the interim relief application expeditiously, within six weeks from receipt of the service report on service of notice upon the private respondents, in accordance with law, if there is no legal impediment; parties were further directed to cooperate in expeditious disposal and neither seek nor be granted unnecessary adjournments save in exceptional circumstances.

Neutral Citation No. - 2025:AHC-LKO:48809

Court No. - 5

Case :- MATTERS UNDER ARTICLE 227 No. - 4922 of 2025

Petitioner :- Shambhu Mishra And Others

Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Akhand Pratap Singh,Manish Kumar Srivastava Counsel for Respondent :- C.S.C.

Hon'ble Alok Mathur,J.

Heard Sri Akhand Pratap Singh, learned counsel for the petitioners as well as learned Standing Counsel for the State respondents.

In view of the order proposed to be passed, requirement of issuance of notice to private respondent is dispensed with.

Instant petition has been filed by the petitioner praying for direction to the respondent No. 2 - Additional Commissioner (Administration), Ayodhya Division, Ayodhya to decide interim relief application filed in Appeal No. 443 of 2025 (Computerized Case No. C202504000000443) - Shambhu Mishra and Others Vs. Pankaj Tiwari, U/S 331(3) of the U.P. Z.A. & L.R. Act, 1950 read with Order 43 Rule 1(D) of the CPC, expeditiously.

Learned counsel for the petitioner submits that grievance of the petitioner would be sufficiently met in case respondent no. 2 - Additional Commissioner (Administration), Ayodhya Division, Ayodhya, considers and decides the aforesaid case in the time bound manner.

Learned Standing Counsel has no objection to the aforesaid prayer.

Considering the facts and circumstances of the case, without entering into the merits of the case, respondent no. 2 - Additional Commissioner (Administration), Ayodhya Division, Ayodhya, is directed to decide the interim relief application filed in Appeal No. 443 of 2025 (Computerized Case No. C202504000000443) - Shambhu Mishra and Others Vs. Pankaj Tiwari, U/S 331(3) of the U.P. Z.A. & L.R. Act, 1950 read with Order 43 Rule 1(D) of the CPC, expeditiously, say within a period of six weeks from the date of receipt of service report regarding service of notice upon private respondents therein, in accordance with law, if there is no legal impediment.

It is further directed that the parties to the case shall cooperate in expeditious disposal of the case/application and shall not seek any unnecessary adjournment, neither any such adjournment shall be granted by the Court concerned, except in exceptional circumstances.

With above observations/directions, the writ petition stands disposed of . Order Date :- 20.8.2025 A. Verma

(Alok Mathur, J.)

Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench