SMT. BINDA GUPTA AND ANOTHER v. ADDL. COMMISSIONNER JUDICIAL PRAYAGRAJ AND 11 OTHERS
WRIC/2376/2025 · 2025-03-17
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126082 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126082 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:15644 Court No. - 7 Case :- WRIT - C No. - 2376 of 2025 Petitioner :- Smt. Binda Gupta And Another Respondent :- Addl. Commissionner Judicial Prayagraj And 11 Others Counsel for Petitioner :- Amar Nath Dubey Counsel for Respondent :- C.S.C.,Mahendra Pratap Singh,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioners, Shri Upendra Singh, learned Standing Counsel for the State/opposite party Nos. 1 and 2, Shri Mahendra Pratap Singh, learned counsel for the opposite party No.3 and Shri Talib Khan, learned counsel holding brief of Shri Pankaj Gupta, learned counsel for the opposite party No.4 and perused the record. By means of the present writ petition the petitioners have sought following main reliefs:-
"(i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 24.1.2025 passed by opposite party No. 1 i.e. learned Additional Commissioner, (Judicial) Prayagraj Division, Prayagraj in appeal No.1757 of 2024, computerized case No. C202402000001757, under section-331 (3) of U.P. Zamindari Abolition & Land Reforms Act 1950, Smt. Binda Gupta another Versus State of U.P. and others, only to the extent that he has rejected the stay application of the petitioners without application of mind and without following the direction issued by this Hon'ble Court in Writ-C No. 9016/2024, as contained in Annexure No. 1 to this writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus directing the private respondent/institution shall not eliminate the land in dispute and also may not change the nature of land, in the interest of justice." Vide the impugned order dated 24.01.2025, the Additional Commissioner (Judicial), Prayagraj Division, Prayagraj (in short "appellate authority") has rejected the prayer of the petitioners seeking interim protection in relation to the final
order dated 22.07.2024, passed by the Sub Divisional Magistrate, Patti, District - Pratapgarh (in short "revenue court of first instance") in Case No.T202002570405542 (Mahadev Inter College Vs. Gaon Sabha and others) instituted under Section 229B of the U.P. Z.A. & L.R. Act, 1950 (in short "Act of 1950"), whereby the revenue court of first instance has allowed the said case.
On
being
confronted,
after
considering
the observations/findings made by the revenue court of first instances in relation to disposal of issue Nos.03, 05, 06 and 11 as also the principle related to grant of interim protection the
learned counsel for the petitioners has submitted that justice would suffice if without interfering in the order impugned, the present petition is disposed of with the direction to the appellate authority to decide the appeal most expeditiously and contesting opposite party be restrained from creating third party interest over the property in dispute during pendency of the appeal. The learned counsel for the contesting respondent submitted that the property in issue is the property of the College and it can be alienated or transferred or over the same third party interest can be created only after seeking permission under the statutory provisions in this regard. Taking note of the aforesaid, the present writ petition is
disposed of, without interfering in the impugned order dated 24.01.2025, with direction to the appellate authority to conclude the proceedings of the appeal most expeditiously, say within a period of six months from today, if there is no other legal impediment. In regard to the prayer of the counsel for the petitioners which relates to creating of the third party interest during pendency of the appeal, it is provided that if the cause arises, then in that eventuality, it is open for the appellant(s) to prefer an application afresh before the appellate authority, which shall be decided as per rules most expeditiously. With the aforesaid direction, the writ petition is disposed of.
Order Date :- 17.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench