BABADEEN v. STATE OF U.P. THRU. ADDL. SECY. DEPTT. OF REVENUE, U.P. LKO. AND 4 OTHERS
A227/7335/2025 · 2025-12-19
Alok Mathur
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 195883 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195883 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 7335 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J.
1. Heard learned counsel for the petitioner as well as learned Standing Counsel for the State respondents no. 1 to 3. 2. In view of the order proposed to be passed, notice to private respondents, is dispensed with. 3. Instant petition has been filed by the petitioner praying for direction to the respondent No.2/ Sub Divisional Magistrate, Tehsil Kaisarganj, District Bahraich to decide the application dated 15.09.2025 filed under para 460 of U.P. Revenue Manual, 2006 for implementation of judgement and order dated 11.09.2025 passed by the Assistant Collector (Judicial), Tehsil Kaisarganj, Bahraich under Section 116 of U.P. Revenue Code, 2006 in RST No. Case No. 937/2022 [T20220815030371] "Banshilal Vs. Kadirul and others" pertaining to gata no. 171/1 area 0.405 hectare situated at Village Khevkar, Post Katka Bhagatpurwa, Pargana Hisampur, Tehsil Kaisarganj, District Bahraich, U.P. pending before him since 15.09.2025, within stipulated time to be fixed by this Hon'ble Court, in the interest of justice. 4. It is urged that though the matter is being listed but for one reason or the other, the aforesaid case is not being decided. 5. Learned counsel for the petitioner submits that grievance of the petition would be sufficiently met in case respondent No. 2, considers and decides the aforesaid case in the time bound manner. Versus Counsel for Petitioner(s) : Mohd. Vakar Khan, Abdul Alim Khan Counsel for Respondent(s) : C.S.C. Babadeen .....Petitioner(s) State Of U.P. Thru. Addl. Secy. Deptt. Of Revenue, U.P. Lko. And 4 Others .....Respondent(s)
6. It has been submitted by learned Standing Counsel that all the respondents in the aforesaid case have not been served. 7. Considering the fact that the application 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. 8. 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 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. 9. 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 two 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. 10. 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. 11. With aforesaid observation and direction the petition stands disposed of. December 19, 2025 A227 No. 7335 of 2025 2 (Alok Mathur,J.)
Muk A227 No. 7335 of 2025 3 Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench