Allahabad High Court
Ramnath vs Deputy Director Of ... on 28 July, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:49708
Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 3764 of 2023
Petitioner :- Ramnath
Respondent :- Deputy Director Of Consolidation, Ayodhya And 7 Others
Counsel for Petitioner :- Balram Yadava
Counsel for Respondent :- C.S.C.,Mohan Singh
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the parties.
In view of order proposed to be passed, issuance of notice to the private-respondents is hereby dispensed with.
By means of this petition, the petitioner has sought the following main reliefs:-
"a. Issue an order or direction, thereby directing to the opp-party no.1, to decide the application dated 15.12.2022 for correction in the chak amendment table, attached with the order dated 30.9.2022, within a timeframe as stipulated by this Hon'ble Court.
b. Issue an order or direction, thereby directing to the opp-party no.4 and opp-parties nos.1 to 3, not to disturb the chak of the petitioners till decision on the application for correction and direct to maintain the status-quo on spot in the interest of justice."
It is submitted by the petitioner's counsel that for the reasons beyond control, the application, in issue, has yet not been decided, though, the same is pending since December, 2022 and on account of pendency of the same, the petitioner, who is aged about 77 years, is suffering great hardship and mental agony. In these circumstances, indulgence of this Court is required in the matter. The prayer is to expedite the proceedings of pending case.
Learned State counsel submits that he has no objection in case an expedite order is passed.
Considering the facts and circumstances of the case, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the respondent No. 1 to consider and decide the application, in issue, most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party preferably within a period of two months from the next date fixed in the case, if possible and if there is no other legal impediment in this regard.
It is also open for the petitioner to press the application dated 15.12.2022 seeking interim relief preferred by him, which shall be considered and decided at the earliest strictly as per law and while considering the said application, the Authority concerned would also take note of the judgment placed by the petitioner's counsel passed by the Division Bench of this Court in the case of Vinod Kumar Bhalotia vs. State of U.P. reported in 2000 (18) LCD 532, as per which, the Authority, who can pass the final order can also pass the interim order.
The petitioner is directed to file an affidavit of undertaking before the Authority concerned that he would appear on each date fixed in the case and will not take any adjournment before the Authority concerned.
It is made clear that the Court has not examined the case of either party 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 :- 28.7.2023
Arun/-
