ASGAR ALI v. COMMISSIONER LKO. DIVISION LKO. AND 3 OTHERS
A227/2880/2025 · 2025-05-15
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140053 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140053 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:28555 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2880 of 2025 Petitioner :- Asgar Ali Respondent :- Commissioner Lko. Division Lko. And 3 Others Counsel for Petitioner :- Anurag Srivastava,Manoj Kumar Rai Counsel for Respondent :- C.S.C.,Umesh Singh Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, Shri Yogesh Kumar Awasthi, learned Standing Counsel for the State/opposite party No.1 as well as Shri Umesh Singh, learned counsel for the Nagar Palika Parishad/opposite party No.3 and perused the record. In view of order proposed to be passed, issuance of notice to the private-respondent is hereby dispensed with. The instant petition has been preferred seeking following main relief:-
"i) To issue an order or direction thereby directing the Learned appellate authority to direct the Learned Commissioner, Lucknow Division, Lucknow to dispose of an application for interim relief filed by the petitioner in the Appeal No. C- 202510000001891 of 2025 (Asgar Ali Versus Hasan Ahmed & others) which is contained in Annexure-8 to the petition; ii) To issue a writ order or direction in the nature thereby directing the parties to maintain status quo till the disposal of Appeal No.C-202510000001891 of 2025 (Asgar Ali Versus Hasan Ahmed & others) pending before the Learned Appellate Authority" In so far as the prayer No.(ii) is concerned, the same is rejected for the reason that to establish the prima facie case, the statement of the witnesses of the 'Will' namely Aman Ullah and Arjun Kumar Sonkar have not been placed on record. In so far as the prayer No.(i) is concerned, the writ petition is
disposed of with liberty to the petitioner to prefer an application for preponment of the date fixed in the appeal as also for disposal of the application seeking interim protection, as according to the petitioner the opposite party No.2 is intending to transfer/alienate the property in dispute during pendency of the appeal and in case the property is transferred/alienated then in that eventuality the petitioner would suffer great hardship. The application for preponment of date shall be considered and
disposed of first taking note of the facts of the case and if date is preponed then on the said date the application for interim
relief which is pending consideration, shall be considered by the Commissioner, Lucknow Division, Lucknow before hearing the appeal on merits, after taking note of the facts as also the principles settled for granting interim protection and appropriate order, including exparte interim protection order would be passed if required, and in case the applications for interim protection is not decided on the said date fixed, then the same shall be disposed of within a period of one month as per law from the date of appearance of respondents before him. 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 :- 15.5.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench