SATISH BABU AND 2 OTHERS v. STATE OF U.P. THRU. COLLECTOR, HARDOI AND 3 OTHERS
/4652/2025 · 2025-08-04
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155706 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155706 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45160 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4652 of 2025 Petitioner :- Satish Babu And 2 Others Respondent :- State Of U.P. Thru. Collector, Hardoi And 3 Others Counsel for Petitioner :- Faisal Ahmad Khan Counsel for Respondent :- C.S.C.,Prashant Kumar Singh Hon'ble Jaspreet Singh,J.
1. Heard learned counsel for the petitioners. 2. Notice on behalf of respondent No. 1 has been accepted by the office of the Chief Standing Counsel. 3. Sri Prashant Kumar Singh, learned counsel, has accepted notice on behalf of respondent Nos. 2 and 3. 4. By means of the instant petition, the petitioners seek a direction to the Civil Judge (Junior Division), East Hardoi, for expeditious disposal of their application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908, pending in Original Suit No.356 of 2024 (Satish Babu and Others vs. State of U.P. through Collector, Hardoi). 5. It is submitted that the petitioners have filed a suit for permanent injunction and moved an application under Order XXXIX CPC. Despite issuance of notice to the respondents and the execution of a Commission to bring on record the actual spot possession, the said application remains undecided. In the meantime, the respondents have allegedly started obstructing the pathway used by the petitioners, as shown in the site plan. 6. It is further submitted that the petitioners moved an application for early hearing of their interim relief application, which has been taken on record. However, no hearing has yet been conducted, and the next date fixed before the trial court is
25.08.2025. 7. In view of the above, a prayer has been made for issuing appropriate directions for expeditious disposal of the pending interim application. 8. Learned Standing Counsel, as well as learned counsel for respondent Nos. 2 and 3, do not dispute the fact that the interim application is pending and can be decided expeditiously. 9. In light of the order proposed to be passed, notice on behalf of respondent No. 4 is dispensed with. 10. Considering the facts and circumstances of the case, this Court is of the view that no useful purpose would be served by keeping the writ petition pending.
The ends of justice would be met if a direction is issued to the Civil Judge (JD), East Hardoi, to consider and decide the petitioners' pending application under Order XXXIX Rules 1 and 2 CPC in Original Suit No. 356 of 2024, after affording due opportunity of hearing to all parties, without granting any unnecessary adjournments. 11. The trial court shall make an effort to decide the said application on the date fixed itself, and if for any reason it is not possible to do so, then positively within two weeks thereafter. 12. It is made clear that this Court has not expressed any opinion on the merits of the case. The trial court shall independently hear and decide the application in accordance with law. 13. With the aforesaid observations/directions, the writ petition is disposed of. (Jaspreet Singh, J.) Order Date :- 4.8.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench