Allahabad High Court
Royal College Of Education, ... vs State Of U.P. Thru. Prin. Secy., ... on 9 August, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:52727
Court No. - 18
Case :- WRIT - C No. - 6781 of 2023
Petitioner :- Royal College Of Education, Sitapur Thru. Chairman, C.S.M.S.S.
Respondent :- State Of U.P. Thru. Prin. Secy., Deptt. Of Revenue, Lucknow And 17 Others
Counsel for Petitioner :- Vashu Deo Mishra
Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioners and learned counsel for the State and Sri Dilip Kumar Pandey, learned counsel for the Gaon Sabha.
In view of the order proposed to be passed by this Court, notice to the private-respondents is dispensed with.
Present petition has been filed for the following main reliefs:-
"a. Issue a writ order or direction in the nature of mandamus commanding and directing to the opposite parties to maintain status-quo on the land in question Khata No. 173, Gata No. 411 situated at Village Jaipalpur, Pargana Manwan, Tehsil Sidhauli, District Sitapur, during the pendency of Appeal/Case No. 1731/2023 (Computerized Case No. C202310000001731), Royal College of Education Vs. Rajendra Prasad Verma and others filed under Section 207 U.P. Revenue Code, 2006 pending in the court of Additional Commissioner (Judicial) First, Lucknow Region, Lucknow.
b. Issue a writ, order or direction in the nature of mandamus commanding and directing to the learned Additional Commissioner (Judicial) First, Lucknow Region, Lucknow, to decide the stay application pending in appeal/Case No. 1731/2023 (Computerized Case No. C202310000001731), Royal College of Education Vs. Rajendra Prasad Verma and others filed under Section 207 U.P. Revenue Code, 2006 as earliest, contained in Annexure No. 3 to this writ petition."
Submission of learned Counsel for the petitioners is that vide order dated 26.07.2023, the appeal was admitted by opposite party no.2/Additional Commissioner (Judicial) First, Lucknow Region, Lucknow, however, on that date no order was passed on the application preferred by the petitioner seeking temporary injunction/interim relief, though according to law laid down by the Hon'ble Apex Court in the case of Mool Chand Yadav & Another vs. Raza Buland Sugar Company Ltd., Rampur and Others, (1982) 3 SCC 484 and the judgment passed by this Court in Writ - C No.5923 of 2021 (Maheshwar Pratap Shahi vs. State of U.P. & 5 Others) and in Writ - A No.3095 of 2022 (Rakesh Rathor vs. Gajanand Maheshwari), during pendency of the appeal/revision having serious consequences the interim protection should be provided. Further submitted that in absence of interim protection, the opposite parties would change the nature of land in issue. Thus, indulgence of this Court is required in the matter. It is further stated that next date fixed in the matter is 11.09.2023.
The Principle settled in the aforesaid judgments has not been disputed by the learned counsel for the side opposite.
Considering the aforesaid facts and circumstances, without entering into the merits of the case, the present petition is disposed of finally with the direction to respondent No.2 to consider the interim relief sought by means of interim relief application preferred by the petitioners in Appeal/Case No. 1731/2023 Computerized Case No. C202310000001731 (Royal College of Education Vs. Rajendra Prasad Verma and others), on the next date fixed i.e. 11.09.2023 and in case, the interim relief application is not disposed on the next fixed then in that eventuality the same shall be decided expeditiously say within a period of two months thereafter, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties, if possible and if there is no other legal impediment in this regard. It is for the reason that as per statutory provisions i.e. Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006 read with para 458(2) of U.P. Revenue Court Manual, an appeal or revision should preferably be decided within a period of six months.
It is made clear that this Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law.
With the aforesaid, the petition is disposed of.
Order Date :- 9.8.2023
Jyoti/-
