Budhi Ram Vs State of U.P. Thru. Prin. Secy… — Writ and Judicial Review | Allahabad HC (2025)

Budhi Ram Vs State of U.P. Thru. Prin. Secy… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No.3, Sub Divisional Magistrate, Tehsil Baldirai, District Sultanpur, to decide the exchange proceedings under Section 102 of U.P. Revenue Code within four months from production of certified copy of the order, after hearing the parties and absent legal impediment; parties to cooperate and avoid unnecessary adjournments.

Issue for consideration

Whether respondent No.3, the Sub Divisional Magistrate, Tehsil Baldirai, District Sultanpur, should be directed to decide the pending proceedings of exchange under Section 102 of U.P. Revenue Code, on the strength of order dated 17.4.2025, expeditiously and within a time-bound period.

Court's answer

Respondent No.3, Sub Divisional Magistrate, Tehsil Baldirai, District Sultanpur, is desired to make all endeavour to decide the proceedings of exchange under Section 102 of U.P. Revenue Code, on the strength of order dated 17.4.2025, expeditiously, within a period of four months from the date of production of certified copy of this order, after affording opportunity of hearing to the parties concerned in accordance with law, if there is no legal impediment.

Ratio / Principle

The parties to the case shall cooperate in expeditious disposal of the case and shall not seek unnecessary adjournments; no such adjournment shall be granted by the Court concerned except in exceptional circumstances, and counsel for the petitioner undertakes cooperation, failing which the benefit of this order shall not be available to the petitioner.

Detailed headnote1 paragraphs

Writ petition under Article 227 (Matters Under Article 227 No. 4960 of 2025, Allahabad High Court, Lucknow Bench, Alok Mathur, J.) disposed of without entering into merits: respondent No.3, Sub Divisional Magistrate, Tehsil Baldirai, District Sultanpur, directed to make all endeavour to decide the pending proceedings of exchange under Section 102 of U.P. Revenue Code, on the strength of order dated 17.4.2025, expeditiously within four months from production of certified copy of the order, after affording opportunity of hearing and in accordance with law, if there is no legal impediment; parties directed to cooperate and refrain from seeking unnecessary adjournments, and the benefit of the order made conditional on petitioner's cooperation.

Neutral Citation No. - 2025:AHC-LKO:49547

Court No. - 5

Case :- MATTERS UNDER ARTICLE 227 No. - 4960 of 2025 Petitioner :- Budhi Ram Respondent :- State Of U.P. Thru. Prin. Secy., Deptt. Of Revenue, Lko. And Others Counsel for Petitioner :- Suresh Kumar Upadhyay Counsel for Respondent :- C.S.C.

Hon'ble Alok Mathur,J.

Heard learned counsel for the petitioner as well as learned Standing Counsel for the State respondents.

Instant petition has been filed by the petitioners praying for direction to respondent No.3- Sub Divisional Magistrate, Tehsil- Baldirai, District Sultanpur to decide the proceedings of exchange under Section 102 of U.P. Revenue Code on the strength of order dated 17.4.2025, expeditiously.

Learned counsel for the petitioner submits that grievance of the petitioner would be sufficiently met in case respondent no.3 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, respondent no.3 - Sub Divisional Magistrate, Tehsil- Baldirai, District Sultanpur is desired to make all endeavor to decide the proceedings of exchange under Section 102 of U.P. Revenue Code on the strength of order dated 17.4.2025, expeditiously, say within a period of four months from the date of production of certified copy of this order, after affording opportunity of hearing to the parties concerned 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 and shall not seek any unnecessary adjournment, neither any such adjournment shall be granted by the Court concerned, except in exceptional circumstances. Counsel for the petitioner undertakes that he shall cooperate in expeditious disposal of the case, failing which the benefit of this order shall not be available to the petitioner.

With above observations/directions, the writ petition stands disposed of.

(Alok Mathur, J .)

Order Date :- 22.8.2025 RKM.

Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench