BHOLA NATH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS
A227/4458/2025 · 2025-07-29
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153827 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153827 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43820 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 4458 of 2025 Petitioner :- Bhola Nath And Another Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Vijai Kumar Shukla,Parikshit Singh,Subhash Chandra Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J.
1. Heard learned counsel for the petitioners as well as learned Standing Counsel on behalf of respondents no.1 and 2 and Shri Mohan Singh, learned counsel for Gram Sabha. 2. In view of the proposed order, notice to respondents no. 3 to 8 is dispensed with. 3. Present petition under Article 227 of the Constitution of India has been filed by the petitioners with the prayer to direct the opposite party no.2 to decide the partition suit case no. 2736 of 2024, Computerized No. T20404040402736, Bhola Nath and others Vs. Vinod Kuamr and others, and recall application dated 29.3.2025, filed by opposite party no.3, pending before him, in a stipulated period which this Ho9n'ble Court may be given. 4. It has been submitted that the petitioners have filed a partition suit, in which notices have been issued to all the opposite parties. The opposite party no.2 has passed the order dated 27.3.2025 for hearing on preliminary decree. The opposite party no.3 has filed recall applciation dated 29.3.2025, for recalling the order dated 27.3.2025, stating that the notices have not been issued, while the notices have been issued prior to passing the order dated 27.3.2025. It has been stated that the matter is urgent and a perusal of the order sheet clearly indicates that though the case is regularly listed but it is routinely adjourned on one pretext or the other. 4. It is noticed that the instant matter relates to 2024 and the trial courts are heavily burdened with the dockets due to which large number of cases are pending before them. In the present case, no extraordinary circumstance has been indicated by the petitioner so as to interfere and pass orders for expeditious disposal of the revision which has been filed only in 2024. Accordingly, no case for interference is made out at this stage. 5. However, looking to the aforesaid circumstances, liberty is granted to the petitioner to move appropriate application before the trial court within next two weeks for expediting the proceedings.
In case, such an application is made, the trail court shall consider and decide the same within two weeks thereafter by a reasoned and speaking order. In case, the trial court finds that a case for urgency has been made out, it shall proceed to consider and decide the case of the petitioners expeditiously. 6. With aforesaid direction the petition stands disposed of. . (Alok Mathur, J.) Order Date :- 29.7.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench