Krishna Pratap Singh And Others vs State Of U.P. Thru. Collector, Ayodhya ...
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Allahabad High Court

Krishna Pratap Singh And Others vs State Of U.P. Thru. Collector, Ayodhya ... on 1 May, 2025

Author: Saurabh Lavania

Bench: Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:25222
 
Court No. - 7
 
Case :- WRIT - C No. - 1687 of 2025
 
Petitioner :- Krishna Pratap Singh And Others
 
Respondent :- State Of U.P. Thru. Collector, Ayodhya And Others
 
Counsel for Petitioner :- Raghaw Ram Upadhyay
 
Counsel for Respondent :- C.S.C.,Chandan Srivastava,Mohan Singh,Ravi Singh Sisodiya
 

 
Hon'ble Saurabh Lavania,J.
 

Heard learned counsel for the petitioners, Shri Hemant Kumar Pandey, learned Standing Counsel for the State/opposite party Nos.1 and 2 and Shri Mohan Singh, learned counsel for the opposite party No.7 and perused the record.

The instant petition has been preferred seeking following main relief:-

"(i) issue a writ, order or direction in the nature of mandamus commanding and directing the opposite party No. 2 to hear and decide the issue of delay and maintainability of the appeal first, and only thereafter proceed further in the appeal No.347/2024 (Computerized No. D202404230000347 (Raj Pratap Singh and others Versus Kailasha Devi & others)."

Taking note of the facts of the case including that the appeal No.347/2024 (computerized case No.D202404230000347 (Raj Pratap Singh and others Versus Kailasha Devi & others) was filed after delay of about 32 years and the law on the issue including the judgment passed by this Court in the case of Ram Prakash Vs. Deputy Director of Consolidation, Hardoi & others, Writ Petition No.6574 (Consolidation) of 2016, according to which the issue of limitation should be decided first, the present writ petition is disposed of with a direction to the opposite party No.2 to proceed in the matter strictly in accordance with the observations made in the judgment Ram Prakash Vs. Deputy Director of Consolidation (referred above) and may take every endeavour to conclude the proceedings most expeditiously, say within a period of six months, if there is no other legal impediment.

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 :- 1.5.2025

ML/-