MOHAMMAD AKBAR ALI v. THE COURT OF SUB-DIVISIONAL MAGISTRATE, TEHSIL RUDAULI, AYODHYA AND ANOTHER
/7181/2025 · 2025-12-15
body2025
DailyLaw.ai
[ 2025 DAILYLAW 179051 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179051 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 7181 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J.
1. Heard Sri Vaibhav Tripathi, learned counsel for the petitioner as well as Sri Yogesh Kumr Awasthi, learned Standing Counsel for the State respondent. 2. In view of the order proposed to be passed, requirement of issuance of notice to private respondent is hereby dispensed with. 3. Instant petition has been filed by the petitioner praying for direction to the respondent No. 1 - Sub Divisional Magistrate, Tehsil - Rudauli, District - Ahodhya, to decide Appeal No. 1598 of 2024 (Computerized Case No. T 202404230701598) - Saheb Saran Vs. Mohd. Akbar Ali, under Section 35(2) of the U.P. Revenue Code, 2006, expeditiously. 4. It has been submitted by learned counsel for petitioner that the appeal is pending since 2024 and the order-sheet annexed by the petitioner indicates that no proceedings could take place due to call for boycott of the local bar association. The facts which are evident from the order-sheet indicates that there is frequent call by the local bar association which in fact is deprecated by this Court considering the judgment of Hon'ble Supreme Court in the case of Ex-Capt. Harish Uppal Vs. Union of India and another reported in 2003 (2) SCC 45 and it is noticed that even the application for mutation are not being considered and decided because of the call for boycott. 5. Such an action of the local bar association may amount to criminal contempt being a direct conflict with the judgment of Hon'ble Supreme Court in the case of Ex-Capt. Harish Uppal (supra) and this Court leave it open for the petitioner to invoke the said jurisdiction in case they are so legally advised. 6. The present writ petition is disposed of with a direction to respondent No. 1 - Sub Divisional Magistrate, Tehsil - Rudauli, District - Ahodhya to consider and decide Appeal No. 1598 of 2024 (Computerized Case No. T 202404230701598) - Saheb Saran Vs. Mohd.
Akbar Ali, under Section 35(2) of the U.P. Revenue Code, 2006, expeditiously, say, within a period Versus Counsel for Petitioner(s) : Vaibhav Tripathi, Gaurav Tripathi Counsel for Respondent(s) : C.S.C. Mohammad Akbar Ali .....Petitioner(s) The Court Of Sub-Divisional Magistrate, Tehsil Rudauli, Ayodhya And Another .....Respondent(s)
of one year from the date a certified copy of this order is produced before him in case there is no legal impediment and subject to cooperation of the petitioner. 7. Learned counsel for petitioner undertakes that petitioner shall appear on all the dates fixed before concerned authority irrespective of the call for boycott and in case any person creates impediment in appearance this Court grants him liberty to file an application for criminal contempt. 8. With the aforesaid directions, the writ petition stands disposed of. 9. The petitioner shall serve a copy of this order to the President and Secretary of local bar association for their compliance. December 15, 2025 A. Verma A227 No. 7181 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench