SUFIYA BEGUM v. UNION OF INDIA THRU. SECY. MINISTRY OF HOME NEW DELHI AND 8 OTHERS
A227/1555/2025 · 2025-03-26
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129501 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129501 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:17334 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 1555 of 2025 Petitioner :- Sufiya Begum Respondent :- Union Of India Thru. Secy. Ministry Of Home New Delhi And 8 Others Counsel for Petitioner :- Ashish Kumar Singh,Manish Vaish Counsel for Respondent :- A.S.G.I.,Anil Kumar Tripathi,C.S.C. Hon'ble Pankaj Bhatia,J.
1. Heard learned Counsel for the petitioner, Sri Ankit Srivastava who appears for the respondent no.1, learned Standing Counsel as well as Sri Anil Kumar Tripathi who appears for the respondents no. 8 & 9.
2. The present petition has been filed by the petitioner challenging the order dated 11.04.2023 whereby, the application filed by the petitioner for grant of relief under section 80(2) of CPC was rejected as well as the revisional order dated 05.02.2025 whereby the revision was dismissed.
3. The petitioner had filed a suit. Along with the said suit, an application for grant of relief under section 80(2)of the CPC was also filed. In paragraph 70 of the said application, it was specifically stated that on account of there being an apprehension of imminent demolition, the relief should be granted after giving the benefit of Section 80(2) of the CPC. The said application was rejected by the trial court vide order dated 11.04.2023 on the ground that no grounds for urgency were pleaded. The revision preferred against the said order was also rejected.
4. Prima-facie, the orders impugned are perverse inasmuch as it was specifically pleaded that there was an imminent threat of dispossession leading to reason for seeking waiver under section 80(2) of the CPC.
5. Finding the orders to be perverse and in any case, the notice has been served now, I do not see any reason to sustain the two orders. Thus, both the orders dated 11.04.2023 and 05.02.2025 are quashed. The Trial Court is directed to number the Suit and to proceed in accordance with law.
6. The writ petition stands allowed with the said observations. Order Date :- 26.3.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench