ONKAR NATH SRIVASTAVA AND 4 OTHERS v. COMMISSIONER, DEVI PATAN MANDAL, GONDA AND OTHERS
WRIC/4375/2025 · 2025-05-07
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138828 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138828 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26866 Court No. - 7 Case :- WRIT - C No. - 4375 of 2025 Petitioner :- Onkar Nath Srivastava And 4 Others Respondent :- Commissioner, Devi Patan Mandal, Gonda And Others Counsel for Petitioner :- Awadhesh Kumar Singh Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard Shri Awadhesh Kumar Singh, learned counsel for the petitioner, Shri Hemant Kumar Pandey, learned Standing Counsel for the State/opposite party Nos.1 to 3 and perused the record. In view of order proposed to be passed, issuance of notice to the private- respondents is hereby dispensed with. By means of this petition, the petitioners seek following main relief (s) :-
"(i) Issue a writ, order or direction in the nature of CERTIORARI thereby quashing the impugned order dated 29.03.2025 passed by the Commissioner Devi Patan Mandal Gonda in Case No.RST/252/2024 Computerized No. C-202408000000252 (Smt. Gayatri Srivastava versus Onkarnath and others) U/S 333 of Uttar Pradesh U.P. L.R. Act 1950 contained as ANNEXURE NO. 1 to this writ petition. (ii). Issue a writ, order or direction in the nature of CERTIORARI thereby quashing the entire proceedings of revisional court bearing Case No.RST/252/2024 Computerized No.C-202408000000252 (Smt. Gayatri Srivastava versus Onkarnath and others) U/S 333 of Uttar Pradesh Z.A. & L.R. Act 1950 pending before the commissioner Devi Patan Mandal Gonda. (iii) Issue a writ, order or direction in the nature MANDAMUS thereby commanding the opp. Party 3 to decide the partition suit bearing No.RST 74/2016 computerized case No.T202308150100923 (Smt. Gayatri Devi versus Onkarnath Srivastava) U/S 176 of U.P.Z.A. & L.R. Act after taking the fresh Kurra from the circle Lekhpal as early as possible." Considered the facts of case including that on the statement of the counsel for the petitioner who is also the counsel for the petitioners in writ petition, i.e.Writ-C No. 10781 of 2023 (Surendra Nath Srivastava and others Vs. Addl.
Commissioner, Devi Patan Mandal, Gonda and others) filed by the petitioners was dismissed as not pressed vide order dated 23.01.2024 on the ground that the order impugned therein dated 19.10.2023 has been recalled vide order dated 18.01.2024 and challenging this order dated 18.01.2024, the revision was filed bearing Revision/Case No. RST/ 252/ 2024 Computerized No.C-202408000000252 (Smt. Gayatri Srivastava versus Onkarnath and others) U/S 333 of the U.P. Z.A. & L.R. Act, 1950 (in short "Act of 1950") and by the impugned order the application filed by the petitioners for dismissing the revision as abated has been rejected and now the parties would be heard on the issue of admission of revision. On being confronted, after taking note of the aforesaid, learned counsel for
the petitioners says that the present petition be disposed of, without interfering in the impugned order, with the direction to the revisional authority namely opposite party No.1/Commissioner, Devipatan Mandal, Gonda to conclude the proceedings most expeditiously, as on account of this revision related to partition suit instituted under Section 176 of the Act of 1950, the parties are suffering great hardship and mental agony. In view of the aforesaid, without entering in the impugned order dated 29.03.2025 this petition is disposed of with direction to the opposite party No.1/Commissioner, Devipatan Mandal, Gonda to decide the Case No.RST/252/2024 (Computerized Case No.C-202408000000252) (Smt. Gayatri Srivastava versus Onkarnath and others) filed under Section 333 of the Act of 1950 expeditiously keeping in view of para 458 (2) of U.P. Revenue Court Manual, as per which, the revision or appeal, as the case may be, should preferably be decided within six months. It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of.
Order Date :- 7.5.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench