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2025 DAILYLAW 125598 (ALL)

BECHAN AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT., LKO. AND OTHERS

A227/1073/2025 · 2025-02-27

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11830 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 1073 of 2025 Petitioner :- Bechan And Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others Counsel for Petitioner :- Gyanendra Pathak,Adarsh Kumar Tripathi Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioners. Notice on behalf of respondent nos.1 to 3 has been accepted by the office of the Chief Standing Counsel. Shri Pankaj Gupta, Advocate has accepted notice on behalf of the respondent no.4. In view of the order proposed to be passed by this Court, notice to the private-respondent Nos.5 to 8 is dispensed with. By means of the instant petition, the petitioners have approached this Court with a limited prayer that their application for temporary injunction is engaging the attention of respondent no.3 which may be decided, expeditiously. The record indicates that a proceedings were initiated under Section 144 of the U.P. Revenue Code, 2006 which came to be decided against which an appeal has been preferred. After the appeal, the matter was remanded and in pursuance of the remand order, the matter is now engaging the attention of respondent no.3. It is urged that the application for interim relief is pending and despite certain dates having been fixed, yet the same has not been considered and decided. Learned standing counsel submits that he has no objection in case an expedite order is passed. In view of the aforesaid circumstances, without entering into the merits of the case, the Court is of the view that no gainful purpose would be served in keeping the aforesaid petition pending rather ends of justice can be met by directing the respondent No.3 to consider and decide the pending application for interim relief, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably on the next date and in case if the same is not possible, then within four weeks thereafter. 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 case of the petitioners strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 27.2.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench