Sunil Maurya vs State of Up and 8 Others — Allahabad HC (2025) — LawSathi Research

Sunil Maurya vs State of Up and 8 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of at the admission stage with a direction upon respondent No.2 to decide the petitioner's applications dated 07.06.2024 and 13.06.2024 in accordance with law, after hearing all affected parties, preferably within one month from the date of production of a certified copy of this order; no counter affidavit called and no notice issued to private respondents; merits expressly not adjudicated.

Issue for consideration

Whether respondent No.2 should be directed, within a stipulated period, to decide the petitioner's applications dated 07.06.2024 and 13.06.2024 (filed under Sections 22/23 of the U.P. Revenue Code, 2006 after private respondents removed pillars affixed pursuant to the SDM's Section 24 order), the sole prayer of the writ petition being expeditious disposal of those applications.

Court's answer

As no useful purpose would be served in keeping the matter pending, the writ petition was disposed of at the admission stage, without calling for a counter affidavit or issuing notice to the private respondents, with a direction upon respondent No.2 to decide the petitioner's applications dated 07.06.2024 and 13.06.2024 in accordance with law.

Ratio / Principle

The direction to respondent No.2 was qualified: the applications dated 07.06.2024 and 13.06.2024 are to be decided in accordance with law after hearing all affected parties, preferably within a period of one month from the date of production of a certified copy of this order.

Key takeaways

The Court expressly clarified that it had not adjudicated the matter on merits; the disposal carries no prejudgment of the pending Section 22/23 applications.ratio¶¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Rohit Ranjan Agarwal, J.; Order dated 14.7.2025): Writ (Writ-C) No. 3208 of 2025 — Sunil Maurya v. State of U.P. and 8 others — disposed of at the admission stage, without calling for a counter affidavit or issuing notice to the private respondents. Counsel contended that an order dated 16.02.2020 under Section 24 of the U.P. Revenue Code, 2006 (referred to in the prayer as passed by the Sub Divisional Magistrate, Shahganj, Jaunpur in Case No. 5887 of 2022) was executed with stones/pillars affixed; the private respondents thereafter removed a pillar so affixed, prompting the petitioner's applications dated 07.06.2024 and 13.06.2024 under Sections 22/23 of the U.P. Revenue Code, 2006, pending before respondent No.2. The Court directed respondent No.2 to decide both applications in accordance with law after hearing all affected parties, preferably within one month from the date of production of a certified copy of the order, and expressly stated that it had not adjudicated the matter on merits.

Neutral Citation No. - 2025:AHC:112624

Court No. - 34

Case :- WRIT - C No. - 3208 of 2025

Petitioner :- Sunil Maurya Respondent :- State Of Up And 8 Others Counsel for Petitioner :- Nayab Ahmad Khan 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 Mandamus directing the respondent no.2 to decide the proceedings of fixing the pillars in pursuance of the order dated 16.02.2020 passed by Sub Divisional Magistrate, Shahganj, Jaunpur in Case No. 5887 of 2022, 202214360105887 computerized case no. (Sunil & T-others vs. Raj Bahadur & others) under section 24 of U.P. Revenue Code, 2006, within the stipulated period from command of this Hon'ble Court.

ii. Issue a writ, order or direction in the nature of Mandamus directing the respondent authorities representations to consider and decide the petitioner dated 07.06.2024 & 13.06.2024 within stipulated period from command of this Hon'ble Court."

It is contended by learned counsel for the petitioner that order under Section 24 of the U.P. Revenue Code, 2006 was passed on 16.02.2020 and the said order was carried out and stones were affixed. The private respondents have removed the pillar, so affixed pursuant to the order of the Sub-Divisional Officer. Thereupon, applications under Section 22/23 of the U.P. Revenue Code, 2006 was moved by the petitioner on 07.6.2024 and 13.6.2024, which are pending consideration before respondent No.2. The sole prayer made in the writ petition is for expeditious disposal of the same.

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.2 to decide the applications dated 07.06.2024 and 13.06.2024 of the petitioner in accordance with law, after hearing all affected parties, preferably within a period of one month 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 :- 14.7.2025 Kushal

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