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Neutral Citation No. - 2025:AHC:78606 Court No. - 35 Case :- WRIT - C No. - 40833 of 2024 Petitioner :- Amir Khan Respondent :- State Of Up And 13 Others Counsel for Petitioner :- Santosh Kumar Tiwari Counsel for Respondent :- C.S.C.,Sher Bahadur Singh Hon'ble Manish Kumar Nigam,J.
1. Learned counsel for the petitioner prays for and is permitted to correct the prayer made in the writ petition during course of the day.
2. Heard learned counsel for the parties and perused the record.
3. This writ petition has been filed for the following reliefs:-
"i) Issue a writ, order or direction in the nature of certiorari quashing of the impugned order dated 29.07.2024 passed by the respondent no.2 in Case No. 1664 of 2017 (Computerized Case No. C201712001664) (Amir Khan Vrs.. Irshadi Begum) under section 333 of U.P.Z.A. & LR. Act as well as order dated 27.05.2017 passed by the respondent no.3 in Case No. 6/2013-14 (Amir Khan Vrs.. Chhote Khan) under section 229B U.P.Ζ.Α. & LR. Act. (Annexure No. 1 and 2 to the writ petition) respectively. ii) Issue a writ, order or direction in the nature mandamus commanding the respondent no.2 to consider and decide the revision / Case No. 1664 of 2017 (Computerized Case No. C201712001664) (Amir Khan Vrs. Irshadi Begum) under section 333 of U.P.Z.A. & LR. Act after providing opportunity of hearing to the petitioner."
4. Contention of the learned counsel for the petitioner is that against an order passed under Order 7 Rule 11 C.P.C., the plaint of the petitioner was rejected in proceedings under Section 229-B of the U.P.Z.A. & L.R. Act. Against the said
order, the petitioner preferred a revision before the Additional Commissioner (Judicial), Bareilly Division, Bareilly. By the order impugned dated 29.07.2024, the proceedings have been directed to be consigned to record on the ground that the appellant is delaying the disposal. It has also been observed that in case, whenever the petitioners will be interested in disposal, they shall appear. The order dated 29.07.2024, on the face of it is arbitrary. It has been submitted by learned counsel for the petitioner that the petitioner has filed an application on 08.08.2024 that the matter be heard but since file has been consigned, no order has been passed on the application dated 08.08.2024 filed by the petitioner. The application dated 08.08.2024 has been filed along with supplementary affidavit.
5. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending and it would be appropriate to direct the respondents to consider the revision filed by the petitioner.
6. In view of the above discussion, the writ petition is allowed and the order dated 29.07.2024 passed by respondent no. 2, in Case No. 1664 of 2017, is hereby quashed.
7. Respondent no. 2 is directed to consider and decide the revision filed by the petitioner on merits in accordance with law after ensuring service upon all the opposite parties and giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment.
Order Date :- 14.5.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad