RAKIYA BANO v. THE COURT OF TEHSILDAR, TEHSIL MUSAFIRKHANA, DISTT. AMETHI AND ANOTHER
A227/5367/2025 · 2025-09-09
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163143 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163143 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5367 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J.
1. Heard learned counsel for the petitioners as well as learned Standing Counsel for the State respondents. 2. By means of the present petition under Article 227 of the Constitution of India a prayer has been made for a direction to respondent No. 1 not to adopt any coercive measure against the petitioner in pursuance of ex-parte judgment and order dated 01.10.2024 during pendency of application for recall of order dated 01.10.2024 filled by the petitioner on 27.08.2025. 3. It is urged that though the matter is being listed but for one reason or the other, the aforesaid case is not being decided. 4. After arguing the matter at some length, learned counsel for the petitioner submits that grievance of the petition would be sufficiently met in case respondent No. 1, considers and decides the application for recall of order dated 01.10.2024 filled by the petitioner on 27.08.2025 in a time bound manner. 5. Considering the fact that the claim petition was filed in 2025 of which proceedings are underway and from the perusal of the writ petition, there is no disclosure of any extra ordinary circumstance as to why this Court should exercise its jurisdiction under Article 227 of the Constitution of India to direct the trial court to decide the same expeditiously. 6. This Court is conscious of the fact that the trial court/competent authority are burdened to heavy dockets and in a routine manner directions cannot be passed to the trial court/competent authority to decide any particular case out of turn expeditiously. It is when some extra ordinary circumstance is made out only then it would be appropriate for this Court to exercise its extra ordinary jurisdiction under Article 227 of the Constitution of India. There also liberty should be given to the petitioner to place his grievances before the trial court/competent authority who after looking into the urgency as well Versus Counsel for Petitioner(s) : Durgesh Kumar Singh Counsel for Respondent(s) : C.S.C. Rakiya Bano .....Petitioner(s) The Court Of Tehsildar, Tehsil Musafirkhana, Distt. Amethi And Another .....Respondent(s)
as dockets situation and pass appropriate orders to expedite the aforesaid matter.
In the present case no such circumstances has been mentioned or made out requiring interference of this Court under Article 227 of the Constitution of India. 7. However, liberty is given to the petitioner to move appropriate application detailing urgency for expeditiously disposal of the aforesaid case before the trial court/competent authority. In case, such application is moved within two weeks from today the trial court/competent authority shall consider and decide the same expeditiously, say, within three weeks thereafter. In case, the trial court/competent authority is prima facie satisfied that a case for urgency is made out it shall pass suitable order thereupon in accordance with law. 8. It is made clear that this Court has not examined the case of either of the parties on merit and the Court/authority concerned shall decide the matter strictly in accordance with law. 9. With aforesaid observation and direction the petition stands disposed of. September 9, 2025 Ravi/ A227 No. 5367 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench