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2025 DAILYLAW 120982 (ALL)

DAMODAR v. STATE OF U.P. THRU. COLLECTOR, FAIZABAD AND OTHERS

A227/544/2025 · 2025-02-05

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7618 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 544 of 2025 Petitioner :- Damodar Respondent :- State Of U.P. Thru. Collector, Faizabad And Others Counsel for Petitioner :- Ram Sewak Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Notice on behalf of the respondents Nos. 1 and 2 has been accepted by the office of the Chief Standing Counsel. Sri Mohan Singh, learned counsel has accepted notice on behalf of respondent no. 3-Gaon Sabha. In view of the order proposed to be passed by this Court, notice to the private-respondent Nos.4 to 10 is dispensed with. By means of the instant petition, the petitioner seeks expeditious disposal of his Case No. 548 of 2025 Computerized Case No. 54042345010004 (Damodar S/o Ramanand and others Vs. Badri S/o of Jawahir and others) pending before the respondent No.2. It is submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided. Learned standing counsel submits that he has no objection in case an expedite order is passed. Learned standing counsel has drawn the attention of the Court to the extract of the order-sheet and has pointed out that in majority of the dates, the proceedings before the respondent No.2 could not advance on account of the resolution passed by the Members of the Bar abstaining from judicial work. At this stage, learned counsel for the petitioner submits that the petitioner is ready to furnish an undertaking that the petitioner will not seek any unnecessary adjournment and shall also cooperate in the early disposal of the aforesaid case. Considering the facts and circumstances, this Court is of the opinion 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.2 to consider and finally decide the pending proceedings of Case No. 548 of 2025 Computerized Case No. 54042345010004 (Damodar S/o Ramanand and others Vs. Badri S/o of Jawahir and others) as expeditiously as possible, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties. The petitioner shall also furnish an undertaking, as mentioned above, along with a copy of this order. In case, if the petitioner does not furnish the aforesaid undertaking, then the petitioner shall not be entitled to the benefit of this order. It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall consider and decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 5.2.2025 Asheesh/- Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench