TAUSEEF AHMAD v. LD. ADDITIONAL COMMISSIONER (JUDICIAL) AYODHYA MANDAL,AYODHYA AND 3 OTHERS
A227/2312/2025 · 2025-04-23
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135906 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135906 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:23028 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2312 of 2025 Petitioner :- Tauseef Ahmad Respondent :- Ld. Additional Commissioner (Judicial) Ayodhya Mandal,Ayodhya And 3 Others Counsel for Petitioner :- Ashok Kumar Pandey Iind,Anshuman Sharma,Athar Ali,Shantanu Sharma Hon'ble Saurabh Lavania,J. Heard Sri Shantanu Sharma, learned Counsel for the petitioner, Sri Yogesh Awasthi, learned State Counsel and perused the records. At the very outset, learned Counsel for the petitioner stated that inadvertently the proper necessary opposite party could not be arrayed in the memo of petition and as such he may be permitted to implead the proper opposite party. Learned State Counsel has no objection to the prayer made by the learned Counsel for the petitioner. Accordingly, the petitioner is permitted to implead the necessary opposite party during the course of the day. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. The present petition has been filed for the following main relief:-
"1.) Issue an order and direct the opposite party no.1 to decide Appeal No.2333/2024 (Computer No. C-202404000002333) in re: Taufeeq Ahmad & others Vs. Smt. Sama Bano & Others i.e. Annexure No.3 which is pending before the court of Ld. Addl. Commissioner (Judicial), Ayodhya Mandal, Ayodhya i.e., opposite party no.1., within stipulated period in the interest of justice." It is stated that as per Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006 read with para 458(2) of U.P. Revenue Court Manual, an appeal or revision should preferably be decided within a period of six months. However, in the instant case, the appeal is pending since September 2024 and on account of pendency of the same, the petitioner, is suffering great hardship and mental agony. Prayer is to direct the authority concerned to decide the case within stipulated time. It is further 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.
In view of above, the instant petition is disposed of with a direction to the Authority concerned to decide the pending appeal within 6 months from the next date fixed in the matter, if there is no other legal impediment in this regard, after providing proper opportunity of hearing to the parties to the litigation. For conducting the proceedings in the time specified, unnecessary adjournments be avoided. It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid observations, the petition is disposed of. Order Date :- 23.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench