Ram Bhawan and Another Vs Addl. Commissioner… — Writ and Judicial Review | Allahabad HC (2025)

Ram Bhawan and Another Vs Addl. Commissioner… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent no. 1 (Addl. Commissioner (Admin.), Ayodhya Mandal) to take note of the facts and circumstances and decide the pending revision without granting any unnecessary adjournments to either of the parties; liberty to proceed in accordance with law against abuse of process.

Issue for consideration

Whether the Article 227 petition should be kept pending, or whether respondent no. 1 (Addl. Commissioner (Admin.), Ayodhya Mandal) should be directed to decide the pending revision without granting unnecessary adjournments.

Court's answer

This Court held that no gainful purpose would be served in keeping the petition pending; ends of justice would be met by directing respondent no. 1 to take note of the facts and circumstances of the case and decide the pending revision without granting any unnecessary adjournments to either of the parties.

Ratio / Principle

If any party tries to abuse the process, it shall be open for the court concerned to proceed in accordance with law.

Detailed headnote1 paragraphs

Matters Under Article 227 No. 6180 of 2024 — High Court of Judicature at Allahabad, Lucknow Bench (Court No. 8), Jaspreet Singh, J.; Order dated 16.01.2025 (Neutral Citation 2025:AHC-LKO:3032). Petitioners Ram Bhawan and another raised the pendency of a revision before respondent no. 1, Addl. Commissioner (Admin.), Ayodhya Mandal. Instructions obtained on 18.12.2024 recorded that the revision had been dismissed and later restored, that the initial revisionist no. 1 and revisionist nos. 3 and 4 had died, and that repeated opportunities to the revisionist went unavailed with the matter fixed for May, 2025. Holding no gainful purpose in keeping the petition pending, the Court directed respondent no. 1 to decide the revision taking note of the facts and circumstances without granting any unnecessary adjournments to either party, leaving it open to the court concerned to deal with any abuse of process in accordance with law. Notice to the private respondents was dispensed with and the petition was disposed of.

Neutral Citation No. - 2025:AHC-LKO:3032

Court No. - 8

Case :- MATTERS UNDER ARTICLE 227 No. - 6180 of 2024 Petitioner :- Ram Bhawan And Another Respondent :- Addl. Commissioner (Admin.) Ayodhya Mandal Ayodhya And 6 Others Counsel for Petitioner :- Durga Prasad,Ravi Chakravarty Counsel for Respondent :- C.S.C.,Mohan Singh

Hon'ble Jaspreet Singh,J.

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

In view of the order proposed by the Court, notice to the private respondents is dispensed with.

By means of the order dated 18.12.2024, instructions were sought and the learned Standing Counsel who has provided a copy of the same to the Court which is taken on record.

As per the instructions, it has been informed that earlier at on point of time, the revision was dismissed whereafter it was restored and the initial revisionist no. 1 as well as the revisionist nos. 3 and 4 have also died.

It has also been indicated in the written instructions that repeated opportunities were granted to the revisionist to move the applications within time/promptly but the same has not been done and since none has been appearing on their behalf, accordingly, the matter has been fixed in the month of May, 2025.

Considering the aforesaid as well as the fact that the revision is pending before the respondent no. 1, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be met by directing the respondent no. 1 take note of the facts and circumstances of the aforesaid case and decide the same without granting any unnecessary adjournments to either of the parties. In case if any party tries to abuse the process, it shall be open for the court concerned to proceed in accordance with law.

With the aforesaid, the petition shall stands disposed of .

Order Date :- 16.1.2025 Asheesh/-

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