Ankhey Rawat @ Ankhey And Another vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 9572 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 
Case :- WRIT - C No. - 2034 of 2023
 
Petitioner :- Ankhey Rawat @ Ankhey And Another
 
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And Others
 
Counsel for Petitioner :- Anil Kumar Tiwari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Lavania,J.

Heard learned Counsel for the parties.

This petition has been filed seeking following main reliefs:-

"(i) Issue a writ order or direction in the nature of certiorari to quash the operative portion of impugned judgment and orders order dated 02/02/2022 by which the interim application has been rejected, passed by the Commissioner, Mandal- Ayodhya, District- Ayodhya Tahsil Sadar, in Case No. 1090/2021, "Ankhey Rawat and another Vs. Anoop Kumar Singh", Computerized No. C202104000001090, under section 207 Uttar Pradesh Revenue Act, 2006, as well as order dated 16/07/2021, passed by S.D.M., Division Ayodhya, District- Ayodhya, Tahsil Sadar, in Case No. 01747/2019, "Anoop Kumar Singh Vs. Ankhey Rawat", Computerized No. T201904230101747, under section 134 Uttar Pradesh Revenue Act, 2006 as contained as Annexure no 1 and 2 to this writ petition.

(ii) Issue a writ order or direction in the nature of mandamus to stay the operation and implementation of the impugned judgment and order dated 16/07/2021 passed by the S.D.M., Division Ayodhya, District- Ayodhya, Tahsil Sadar, in Case No. 01747/2019, "Anoop Kumar Singh Vs. Ankhey Rawat, Computerized No. T201904230101747, under section 134 Uttar Pradesh Revenue Act, 2006 in favour of the petitioner, in the interest of justice."

After arguing the matter at some length, learned Counsel for the petitioners states that justice would suffice if a direction is issued to Appellate Authority to decide the pending appeal preferred by the petitioner within the time stipulated by this Court.

The aforesaid prayer has not been disputed by the learned counsel for the side opposite.

Considering the aforesaid, this Court is not inclined to interfere in the impugned orders and without entering into the merits of the case, the petition is disposed of with the direction to the Authority concerned to consider and decide the pending appeal in accordance with law expeditiously, say within a period of six months from the date of production of certified copy of the order. For conducting the proceedings in the time specified, unnecessary adjournments be avoided.

With the aforesaid, the petition is disposed of.

Order Date :- 3.4.2023/Arun/-