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2025 DAILYLAW 173047 (ALL)

SMT. SAROJ v. SUB DIVISIONAL OFFICER,KUNDA,DISTT.PRATAPGARH AND ANOTHER

/6916/2025 · 2025-11-26

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6916 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Sri Lalji Yadav, learned counsel for the petitioner as well as learned Standing Counsel for respondent no. 1. 2. In the light of proposed order notice to private respondent is dispensed with. 3. By means of present writ petition the petitioner has prayed for direction to respondent no. 1 - Sub Divisional Officer, Kunda, District - Pratapgarh for expeditious disposal of Case No. 1114 of 2023 (Computerized Case No. T 202302570101114) - Suresh Narayan @ Surendra Narayan Vs. Smt. Saroj, under Section 35(2) of the U.P. Revenue Code, 2006. 4. Alongwith the present writ petition the petitioner has annexed a copy of order sheet perusal of which indicates that on almost all the dates fixed no appearance was made on behalf of either of the party due to call for by- cott by the local Bar Association. In the aforesaid circumstances, prayer for expediting disposal of proceedings has been made by the petitioner. 5. This Court is of the considered view that in case lawyers themselves abstain from appearing before the Courts, then entire judicial process is adversely impacted and the matters are routinely adjourned. 6. Accordingly, in aforesaid circumstances, due to call for by-cot, it is the poor litigant whose case remains pending due to non cooperation and non appearance and non participation of the respective counsels. Versus Counsel for Petitioner(s) : Lalji Yadav, Vishnu Prakash Counsel for Respondent(s) : C.S.C. Smt. Saroj .....Petitioner(s) Sub Divisional Officer,Kunda,Distt.Pratapgarh And Another .....Respondent(s) 7. It is expected that the local Bar Association should restrain themselves from frequently making call for by-cot in the light of judgment of Hon'ble Supreme Court in the case of Ex Captain Harish Uppal Vs. Union of India and Another, (2003) 2 SCC 45, and if such repeated call for by- cot is made then certainly these facts come to the notice of this Court, then we would certainly initiate proceedings for contempt. 8. Accordingly, in the interest of justice it is provided that the authority concerned shall proceed in accordance with law and decide the matter, only in case respective parties appear before them on all the consecutive dates fixed for disposal of the case. 9. Let matter be decided within next four months, subject to the aforesaid conditions. 10. The petitioner is further directed to communicate this order to the local Bar Association for its compliance. 12. It is made clear that benefit of this order shall not be available to the petitioner, in case learned counsel for the petitioner fails to appear before the Court concerned on any date fixed. 13. With aforesaid directions present writ petition stands disposed of. November 26, 2025 A. Verma A227 No. 6916 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench