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2025 DAILYLAW 155235 (ALL)

KUNWAR SURENDRA SINGH v. COMMISSIONER, LUCKNOW DIVISION, LKO. AND OTHERS

WRIC/7418/2025 · 2025-08-08

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46336 Court No. - 5 Case :- WRIT - C No. - 7418 of 2025 Petitioner :- Kunwar Surendra Singh Respondent :- Commissioner, Lucknow Division, Lko. And Others Counsel for Petitioner :- Akshat Kumar Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Vivek Raj Singh, learned Senior Advocate assisted by Sri Akshat Kumar, learned counsel for petitioner as well as learned Standing Counsel for the State- respondent nos. 1 & 2 and Sri Gaurav Mehrotra, Ms. Madhur Jhavar & Sri Vinash Singh Vishen, learned counsel appearing on behalf of respondent no. 3. 2. In light of the proposed order, notices to private respondents are dispensed with. 3. By means of present writ petition, the petitioner has prayed for the following main relief:- "1. Issue a writ order or direction in the nature of Mandamus commanding OP No. 1 to decide the Appeal No. 1181 of 2025 without the applicability of the provisions of the Oudh Estate Act, 1869. 2. Direct the Opposite Party No. 1 i.e. Commissioner, Lucknow division, Lucknow to conclude the proceedings enumerating out of Appeal No. 1181 of 2025 filed by the petitioner as expeditiously as possible in accordance with law. preferably within 4 weeks in the interest of justice." 4. It has been submitted by learned Senior Counsel appearing on behalf of petitioner that the Commissioner, Lucknow is not sitting regularly in her capacity as the appellate authority and therefore it has become difficult to pursue the appeals and the application for interim relief. He further submits that the order- sheet in the present case also indicates the state of affairs where case was listed on 25.03.2025 and on the said date the matter was fixed for 15.04.2025. On 15.04.2025, the Court did not sit and the matter was routinely adjourned to 17.04.2025. On 17.04.2025, again no proceedings are recorded and the matter was adjourned to 29.04.2025. The matter was listed on 29.04.2025 on which date the Commissioner did not hold Court and the matter was listed on 30.04.2025 where again the matter was adjourned for 20.05.2025 on which date the matter was adjourned for 27.05.2025 and against listed on 03.06.2025 and 10.06.2025 and then next date fixed on 01.07.2025. 5. From the above, it is clear that the appeal preferred by the petitioner is being regularly listed but no effective hearing is taken place. 6. The concern shown by Sri Vivek Raj Singh, learned Senior Counsel for petitioner seems to be prima facie correct. 7. Considering the prayer made by petitioner in the present case as well as the submissions of learned Senior Counsel who confines his prayer to a suitable direction to Commissioner, Lucknow to consider and decide the application for interim relief, the present writ petition is disposed of with direction to the Commissioner, Lucknow i.e. respondent No. 1 to consider and decide the application for interim relief in Appeal No. 1181 of 2025 with expedition, say, within a period of two weeks from the date service is effected on all the respondents. 8. Sri Gaurav Mehrotra, learned counsel appearing on behalf of respondent No. 3 submits that he shall file objections to the appeal within two week. In case it is not possible to finally decide the application for interim relief within the time prescribed by this Court, the Commissioner may consider grant of ad interim injunction in favour of petitioner in case the case is made out in this regard by the petitioner after hearing the petitioner and all other respondents who have put appearance. 9. It is made clear that this Court has not consider the merits of the case which are left open to decide in the pending appeal. 10. Considering the grievance raised by the petitioner which is also reflected from the copy of the order-sheet pertaining to conduct of the Commissioner, Lucknow, who is not holding court regularly, let this order be placed before the Additional Chief Secretary, Revenue as well as Chairman, Board of Revenue, U.P. who shall take due notice of the matter and pass appropriate order pertaining to holding of court by the Commissioner, Lucknow on regular basis. The appropriate action may be informed this Court through the Office of Chief Standing Counsel of this Court. 11. A copy of this order may be forwarded to the Office of Chief Standing Counsel to inform the Chairman, Board of Revenue and Additional Chief Secretory Revenue, forthwith. (Alok Mathur, J.) Order Date :- 8.8.2025/Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench