Smt. Phoolkali Vs Tehsildar, Tehsil Kunda… — Writ and Judicial Review | Allahabad HC (2025)

Smt. Phoolkali Vs Tehsildar, Tehsil Kunda… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No.1 (Tehsildar, Tehsil Kunda, Pratapgarh) to consider and finally decide Case No.234 (New No.5963/2017) / Computerized Case No.T201702570105963 under Section 34 of the U.P. Revenue Act, 1901, along with the connected matter, as expeditiously as possible with full opportunity of hearing and no unnecessary adjournments, subject to the petitioner furnishing the undertaking not to seek unnecessary adjournments.

Issue for consideration

Whether the High Court should direct respondent No.1 (Tehsildar, Tehsil Kunda, Pratapgarh) to consider and finally decide the pending Case No.234 (New No.5963/2017) / Computerized Case No.T201702570105963 under Section 34 of the U.P. Revenue Act, 1901, along with the connected matter, expeditiously.

Court's answer

The Court directed respondent No.1 to consider and finally decide the pending Case No.234 (New No.5963/2017) / Computerized Case No.T201702570105963 under Section 34 of the U.P. Revenue Act, 1901, along with the connected matter, as expeditiously as possible, affording full opportunity of hearing to the parties but without granting any unnecessary adjournment to either party.

Ratio / Principle

The benefit of the expedite direction is conditional: the petitioner must furnish an undertaking (offered at ¶10) that she will not seek unnecessary adjournments and will cooperate in early disposal, along with a copy of the order; if the undertaking is not furnished, the petitioner shall not be entitled to the benefit of the order.

Key takeaways

The Court expressly did not examine the case of either party on merits; the authority concerned remains free to decide the matter strictly in accordance with law.ratio¶13

Detailed headnote1 paragraphs

Petition under Article 227 (Matters Under Article 227 No. 946 of 2025) by Smt. Phoolkali seeking expeditious disposal of Case No.234 (New No.5963/2017) / Computerized Case No.T201702570105963, filed under Section 34 of the U.P. Revenue Act, 1901, along with a connected matter, pending before the Tehsildar, Tehsil Kunda, Pratapgarh (respondent No.1): Held, ends of justice served by directing respondent No.1 to consider and finally decide the pending proceedings as expeditiously as possible, affording full opportunity of hearing but without granting unnecessary adjournments to either party; petitioner to furnish an undertaking not to seek unnecessary adjournments and to cooperate in early disposal, failing which she is not entitled to the benefit of the order; the Court did not examine the merits and the authority remains free to decide strictly in accordance with law. Petition disposed of (Jaspreet Singh, J.; Order Date 19.2.2025).

Neutral Citation No. - 2025:AHC-LKO:10738

Court No. - 8

Case :- MATTERS UNDER ARTICLE 227 No. - 946 of 2025

Petitioner :- Smt. Phoolkali Respondent :- Tehsildar, Tehsil Kunda, Pratapgarh And Others Counsel for Petitioner :- Abhishek Mishra Counsel for Respondent :- C.S.C.

Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioner. Notice on behalf of the respondents No.1 has been accepted by the office of the Chief Standing Counsel.

In view of the order proposed to be passed by this Court, notice to the private-respondent Nos.2 to 5 is dispensed with.

By means of the instant petition, the petitioner seeks expeditious disposal of the Case No.234 (New No.5963/2017) Computerized Case No.T201702570105963 filed under Section 34 of the U.P. Revenue Act, 1901 along with the connected matter pending before the respondent No.1.

Learned standing counsel submits that he has no objection in case an expedite order is passed.

At this stage, learned counsel for the petitioner submits that the petitioner is ready to furnish an undertaking that the petitioner will not seek any unnecessary adjournment and shall also cooperate in the early disposal of the aforesaid case.

Considering the facts and circumstances, 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 served by directing the respondent No.1 to consider and finally decide the pending proceedings of Case No.234 (New No.5963/2017) Computerized Case No.T201702570105963 filed under Section 34 of the U.P. Revenue Act, 1901 along with the connected matter as expeditiously as possible, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties.

The petitioner shall also furnish an undertaking, as mentioned above, along with a copy of this order. In case, if the petitioner does not furnish the aforesaid undertaking, then the petitioner shall not be entitled to the benefit of this order.

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, the petition is disposed of .

Order Date :- 19.2.2025

Harshita

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