ZAHIR ALI v. SUB DIVISIONAL OFFICER, TEHSIL JAMUNHA, SHRAVASTI AND OTHERS
A227/593/2025 · 2025-02-06
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121766 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121766 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7657 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 593 of 2025 Petitioner :- Zahir Ali Respondent :- Sub Divisional Officer, Tehsil Jamunha, Shravasti And Others Counsel for Petitioner :- Mohd. Tabrez Iqbal,Saima Mahmood Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Notice on behalf of respondent no.1 has been accepted by the office of Chief Standing counsel. Sri Pankaj Gupta learned counsel has received notices on behalf of respondent no.4. By means of the instant petition, the petitioner prays for the following relief nos.1 and 2:-
"(i) Issue an order or direction thereby directing the learned Sub- Divisional Officer, Tehsil Jamunha, District Shravasti to expedite the proceedings and decide the Case no.60 of 2025, Computerized Case No.T202508620300060, titled Zahir Ali Versus Tirath Ram and others expeditiously within such time bound period as may be deemed fit, just and proper and fixed by this Hon'ble Court. (ii) Issue an order or direction thereby staying the operation and implementation of the ex-parte judgment and order dated 12.12.2024 passed by the opposite party no.1 in Case No.3005 of 2024, Computerized Case No.T202408620303005 u/s 24 of the U.P. Revenue Code, 2006 titled Laxman (Deceased) substituted by Tirath Ram and others Versus Bechai (Deceased) substituted by Ramjas and others till the final disposal of the Case No.60 of 2025, Computerized Case No.T202508620300060 titled Zahir Ali Versus Tirath Ram and others pending before the opposite party no.1." Submission of learned counsel for the petitioner is that proceedings for demarcation were instituted by the private respondent which came to be decided on 12.12.2024. Since the petitioner was not impleaded as a party, accordingly, they being aggrieved moved an application on 17.12.2024 seeking recall of the order dated 12.12.2024. It is urged that this application has been numbered as Case no.60 of 2025 and an expedite order be passed in this regard. Having considered the aforesaid submissions, this Court finds that there is no order sheet which has been brought on record to
indicate as to how the proceedings are pending or are being taken forward before the respondent no.1. In absence of any material to consider the aforesaid this Court is unable to pass any expedite order as there does not appear to be any clear indication that the proceedings are being lingered. For the aforesaid reasons, the petition is dismissed.
However, it is made clear that in case, if any cause of action arises in future, this order may not come in the way of petitioner. Order Date :- 6.2.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench