Mohammad Shamim vs State Of U.P. Thru. Prin. Secy., ...
2023 Latest Caselaw 16645 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:36876
 
Court No. - 18
 
Case :- MATTERS UNDER ARTICLE 227 No. - 2717 of 2023
 
Petitioner :- Mohammad Shamim
 
Respondent :- State Of U.P. Thru. Prin. Secy., Home, Lko. And Others
 
Counsel for Petitioner :- Farooq Ayoob
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Lavania,J.

Heard learned counsel for the parties.

The present petition has been filed seeking following main relief:-

"WHEREFORE, it is most respectfully prayed that this Hon'ble court may graciously be pleased to direct the instant petition under Article 227 of the constitution of India is being filed for a direction to the Additional Commissioner Court, Mandal Ayodhya District- Ayodhya, to decide the opp. party no. 1 appeal in case no. 2332/2022 computer case no. T-202104120102330, U/S- 116 U.P. Revenue Code-2006 filed by opp. party on dated 25.11.2022 in (Shivani Yadav & others Vs Mohd. Shameem @ Fanne and others) which is pending before the opp. party no.2, expeditious as possible within a period as stipulated by this Hon'ble court."

At the very outset, learned State counsel stated that the petitioner in regard to reliefs sought has approached this Court too early as the case, in issue, was filed in the year 25.11.2022. In this regard, reliance has been placed on the judgments passed by the Division Bench of this Court in the case of Km. Shobha Bose v. Judge Small Causes & Ors., 2011 (88) ALR 850 and Ali Shad Usmani & Ors. v. Ali Isteba & Ors., 2015 (109) ALR 513. The prayer is to dismiss the petition.

In view of the above, the relief prayed for in this petition cannot be granted. As such, the present petition is dismissed. However, the petitioner is at liberty to move an appropriate application for expediting the proceedings of the pending case before the Court concerned and in case, such an application is moved, then the Court concerned shall pass appropriate orders on the same within reasonable time in accordance with law.

Order Date :- 24.5.2023

Arun/-