Dudhnath vs State of U.P. and 7 Others — Allahabad HC (2025) — LawSathi Research

Dudhnath vs State of U.P. and 7 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent No. 2 (Additional Commissioner Judicial (First), Varanasi Region, Varanasi) to decide Case No. 2949 of 2024, Computer Case No. C202414000002949, Vinod and others vs Dudhnath, under Section 219, in accordance with law, after hearing all affected parties, preferably within three months from the date of production of the certified copy of the order.

Issue for consideration

Whether the entire proceedings of Case No. 2949 of 2024 pending before the Additional Commissioner Judicial (First), Varanasi Region, Varanasi should be quashed (first prayer — withdrawn by petitioner, not pressed). +1 more

Ratio / Principle

The writ petition was disposed of at the admission stage, without calling for a counter affidavit and without issuing notice to the private respondents.

Key takeaways

Respondent No. 2 was directed to decide Case No. 2949 of 2024 (Computer Case No. C202414000002949, Vinod and others vs Dudhnath, under Section 219) in accordance with law, after hearing all affected parties.ratio¶¶11
The decision was to be made preferably within a period of three months from the date of production of a certified copy of the order.ratio¶¶11
The court expressly clarified that it had not adjudicated the case on merit.

Detailed headnote1 paragraphs

Allahabad High Court (Rohit Ranjan Agarwal, J.), Court No. 34, WRIT-C No. 20433 of 2025 (Neutral Citation 2025:AHC:101414): Dudhnath v. State of U.P. and 7 others. The petitioner withdrew his first prayer seeking quashing of the entire proceedings of Case No. 2949 of 2024 (Computer Case No. C202414000002949), Vinod and others v. Dudhnath, under Section 219, pending before the Additional Commissioner Judicial (First), Varanasi Region, Varanasi, and confined the petition to expeditious disposal. Disposing of the writ petition at the admission stage, without notice to the private respondents and without calling for a counter affidavit, the court directed respondent No. 2 to decide the case in accordance with law, after hearing all affected parties, preferably within three months from the date of production of a certified copy of the order, expressly recording that the case had not been adjudicated on merit.

Neutral Citation No. - 2025:AHC:101414

Court No. - 34

Case :- WRIT - C No. - 20433 of 2025

Petitioner :- Dudhnath Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Byas Kumar Prasad,Vijay Bahadur Patel Counsel for Respondent :- Bhupendra Kumar Tripathi,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 entire proceedings of Case No. 2949 of 2024, Computer Case No. C202414000002949, Vinod and others Vs Dudhnath, Under Section 219 of Land Revenue Code, 2006, pending in the Court of Additional Commissioner Judicial (First), Varanasi Region, Varanasi.

Π. Issue a writ order or direction in the nature of mandamus directing the Respondent No. 2- Additional Commissioner Judicial (First), Varanasi Region, Varanasi to decide the Case No. 2949 of 2024, Computer Case No. C202414000002949, Vinod and others Vs Dudhnath, Under Section 219 of Land Revenue Code, 2006 within stipulated period as may be fixed by this Hon'ble Court."

At the very outset, counsel for the petitioner submits that he is not pressing the first prayer made in the writ petition and only confined to the second prayer.

According to counsel for the petitioner, a case under Section 219 of Land Revenue Act, 1901 is pending consideration. The sole prayer made in the writ petition is for expeditious disposal of the aforesaid case.

As no useful purpose would be served in keeping the matter pending or issuing notice to the private respondents, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit, with a direction upon respondent No.2 to decide Case No. 2949 of 2024, Computer Case No. C202414000002949, Vinod and others Vs Dudhnath, Under Section 219 of Land Revenue Act, 1901, in accordance with law, after hearing all affected parties, preferably within a period of three months from the date of production of certified copy of this order.

With the aforesaid direction, present writ petition stands

disposed of.

It is made clear that this Court has not adjudicated the case on merit.

Order Date :- 1.7.2025 Kushal

Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad