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2025 DAILYLAW 113940 (ALL)

DEVAKI NANDAN v. COMMISSIONER, LUCKNOW DIVISION, LUCKNOW AND OTHERS

/19/2025 · 2025-01-07

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1178 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 19 of 2025 Petitioner :- Devaki Nandan Respondent :- Commissioner, Lucknow Division, Lucknow And Others Counsel for Petitioner :- Satish Kumar Sharma Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Notice on behalf of the respondents No.1 to 3 has been accepted by the office of the Chief Standing Counsel. In view of the order proposed to be passed by this Court, notice to the private-respondents No.4 to 8 is dispensed with. The petitioner has approached this Court with a limited prayer that being aggrieved against the order passed in mutation proceedings dated 04.10.2024, the petitioner had filed a revision which is engaging the attention of the respondent No.1. It is further urged that on the revision of the petitioner, the notices were issued fixing the revision on 24.12.2024. It is urged that though the notices have been served on the private- respondents, yet on the date fixed i.e. 24.12.2024, no proceedings were taken forward, as a consequence, the next date 11.02.2025 has been fixed. It is further submitted that the petitioner had also filed an application for interim relief along with the revision which has not been heard. Neither a formal order of admitting the revision has been passed nor there is any consideration on the application for interim relief and merely notices have been issued. Since, the matter is now posted for 11.02.2025 which is almost about a month after. In such circumstances, the petitioner has no option, but to approach this Court seeking an appropriate order so that the application for interim relief can be considered at an early date. Having considered the aforesaid submission and from a perusal of the material on record, it appears that the revision of the petitioner is pending before the respondent No.1 wherein the next date is 11.02.2025. This Court, at this stage, is of the view that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.1 to consider and decide the pending application for interim relief an early date. Liberty is also available to the petitioner to move an application for preponing the date. In case, such an application is moved, the respondent No.1 shall consider the same after affording full opportunity of hearing to the parties, shall endeavour to decide the application for interim relief preferably within a period of three weeks from the date a certified copy of this order is placed before the Court concerned. It is made clear that the Court has not examined the case of either of the parties on merits and the Court concerned shall consider and decide the application for interim relief moved by the petitioner strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 7.1.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench