Smt. Shahjahan vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 12763 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 3072 of 2023
 

 
Petitioner :- Smt. Shahjahan
 
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 4 Others
 
Counsel for Petitioner :- Abdul Alim Khan
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri R.A. Khan, learned counsel for the petitioner and Sri Upendra Singh, learned Standing Counsel for the State-opposite parties.

In view of the proposed order, the notice to opposite party No.5 is hereby dispensed with.

By means of this writ petition, the petitioner has prayed for the following reliefs:-

"(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned judgment and order dated 01.03.2023 passed by the learned Additional Commissioner-III, Devipatan Mandal, Gonda in Case No.1672 of 2022 (CNR No.C202208000001672); Mahmood Khan vs. Akram Khan & others; under Section 207 of U.P. Revenue Code,2006 pertaining to Village-Puraini, Post-Vairi Maheshpur, Pargana-Hisampur, Tehsil-Kaisarganj, District-Bahraich, as contained in Annexure No.1 to this petition, in the interest of justice.

(ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to decide the objection of the petitioner filed in Case No.1672 of 2022 (CNR No.C202208000001672); Mahmood Khan vs. Akram Khan & others; under Section 207 of U.P. Revenue Code,2006 pertaining to Village-Puraini, Post-Vairi Maheshpur, Pargana-Hisampur, Tehsil-Kaisarganj, District-Bahraich pending before the Additional Commissioner-III, Devipatan Mandal, Gonda, District-Gonda, in the interest of justice."

Learned counsel for the petitioner has stated that by means of the impugned order dated 01.03.2023 passed by the Additional Commissioner-III, Devipatan Mandal, Gonda, the appeal of the private opposite party has been admitted and the next date for hearing was fixed and the interim protection was granted to the effect that until further orders of the Court the parties shall maintain status-quo.

Learned counsel for the petitioner has stated that on account of the interim protection granted by the Appellate Court, the petitioner is not able to utilize his land properly.

Be that as it may, since the statutory appeal has been admitted and pending consideration before the Appellate Authority wherein the interim protection was granted after hearing learned counsel for both the parties, therefore, I do not find any infirmity or illegality in the impugned order dated 01.03.2023 passed by the Appellate Authority. However in the interest of justice, I find it appropriate that the direction be issued to the Appellate Authority to decide the aforesaid appeal with expedition.

Accordingly, the Appellate Authority is directed to decide the pending appeal on merits, strictly in accordance with law by affording an opportunity of hearing to the parties concerned with expedition preferably within a period of three months from today.

In view of the aforesaid terms, the instant writ petition is disposed of finally.

Order Date :- 25.4.2023 [Rajesh Singh Chauhan,J.]

Suresh/