Dudhnath Vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Dudhnath Vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to Respondent No. 3 (Additional Up-Zilaadhikari 1st, Tehsil Sadar, District Jaunpur) to decide Case No. 666 of 2017 in accordance with law, after hearing all affected parties, preferably within six months from production of the certified copy of the order; writ petition disposed of at admission stage with merits expressly left unadjudicated.

Issue for consideration

Whether a mandamus should issue directing Respondent No. 3 (Additional Up-Zilaadhikari 1st, Tehsil Sadar, District Jaunpur) to decide Case No. 666 of 2017 under Section 144 of the U.P. Revenue Code, 2006 expeditiously, the prayer to quash the Non Existence Order dated 30.11.2023 having been given up.

Court's answer

Since no useful purpose would be served in keeping the matter pending, the writ petition is disposed of at the admission stage, without calling for counter affidavit or issuing notice to the private respondents.

Ratio / Principle

Respondent No. 3 is directed to decide Case No. 666 of 2017 (Computerized Case No. T202514360406713) [Mishri Lal and Others Vs. Sarkar and Others] in accordance with law, after hearing all affected parties, preferably within six months from the date of production of the certified copy of the order.

Key takeaways

The Court expressly clarified that it has not adjudicated the matter on merits; the merits of the Section 144 proceedings remain open before Respondent No. 3.obiter¶12

Detailed headnote1 paragraphs

Writ petition (WRIT - C No. 19868 of 2025, Dudhnath v. State of U.P. and others), decided 17.7.2025 by Hon'ble Rohit Ranjan Agarwal, J.: disposed of at the admission stage, without calling for counter affidavit or notice to private respondents. Counsel gave up prayer (i) for certiorari quashing the Non Existence Order dated 30.11.2023 of the Up-Zilaadhikari, Tehsil Sadar, District Jaunpur in Case No. 666 of 2017 under Section 144, U.P. Revenue Code, 2006, and confined the petition to prayer (ii) for expeditious disposal. The Court directed Respondent No. 3, Additional Up-Zilaadhikari 1st, to decide the case in accordance with law after hearing all affected parties, preferably within six months of production of the certified copy of the order, and expressly stated that the matter was not adjudicated on merits.

Neutral Citation No. - 2025:AHC:115972

Court No. - 34

Case :- WRIT - C No. - 19868 of 2025

Petitioner :- Dudhnath Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kailash Nath Singh Counsel for Respondent :- C.S.C.

Hon'ble Rohit Ranjan Agarwal,J.

This writ petition has been filed with the following prayer:-

"i. Issue a writ, order or direction in the nature of certiorari quashing the impugned Non Existence Order dated 30.11.2023 passed by the Respondent No. 2/Up-Zilaadhikari, Tehsil Sadar, District Jaunpur in Case No. 666 of 2017 (Computerized Case No. T202514360406713)[Mishri Lal and Others Vs. Sarkar and Others] under Section 144 of the U.P. Revenue Code, 2006 which is incorporated only in Internet/Website of the Revenue Court Computerized Management System;

ii. Issue a writ, order or direction in the nature of mandamus directing the Respondent No. 3/Additional Up-Zilaadhikari 1st, Tehsil Sadar, District Jaunpur to decide the Case No. 666 of 2017 (Computerized Case No. T202514360406713) [Mishri Lal and Others Vs. Sarkar and Others] under Section 144 of the U.P. Revenue Code, 2006 within stipulated period of time as prescribed by this Hon'ble Court;"

At the very outset, learned counsel for the petitioner submits that he is not pressing the first prayer made in the writ petition and is only confining to second prayer which is for expeditious disposal of proceedings under Section 144 of U.P. Revenue Code, 2006 pending before respondent no. 3.

As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon respondent no. 3 to decide the Case No. 666 of 2017 (Computerized Case No. T202514360406713) [Mishri Lal and Others Vs. Sarkar and Others], in accordance with law, after hearing all affected parties, preferably within a period of six months from the date of production of certified copy of this order.

With the aforesaid directions, writ petition stands disposed of.

It is made clear that this Court has not adjudicated the matter on merits.

Order Date :- 17.7.2025 V.S.Singh

Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad