Allahabad High Court
Irfan & Ors. v. Addl. Commissioner Judicial Iind, Lko. Division, Lucknow & Ors.
A227/3364/2026
- Decision date
- 2026-06-05
- Text availability
- Full text
- Judges
- S. Q. H. Rizvi
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 3364 of 2026 Irfan And Others .....Petitioner(s) Versus Addl. Commissioner Judicial Iind, Lko. Division, Lucknow And Others .....Respondent(s) Counsel for Petitioner(s) : Vimal Kishore Verma, Harsh Verma Counsel for Respondent(s) : C.S.C., Vinod Kumar Maurya Court No. - 4 HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Harsh Verma, learned counsel for the petitioner, Sri Badrish Kumar Tripathi, learned Additional Chief Standing Counsel representing the State-respondent no. 1, Sri Jitendra Kumar Maurya, Advocate holding brief of Sri Vinod Kumar Maurya, learned counsel for the Nagar Palika Parishad, Mahmoodabad, Sitapur/respondent no. 22 and perused the record. 2. The instant petition has been filed, inter alia, praying for the following relief: "(i)direct the Additional Commissioner (Judicial)IInd, Lucknow Division, Lucknow (Opposite party no. 1) to decide the Appeal no. 2980/2023, computerized case no. C202310000002980 (Irfan and others Versus Mohd. Zamil and others) within specified period, as fix by this Hon'ble Court expeditiously, in the interest of justice." 3. The contention of the learned counsel for the petitioner is that an appeal having no. 2980 of 2023 filed by the petitioner under Section 331(3) of the U.P.Z.A. & L.R. Act, 1950 is pending consideration since the year 2023 before the Court of learned Additional Commissioner (Judicial) IInd, Lucknow Division, Lucknow.
4. Submission of the learned counsel for the petitioner is that although notices have been served and the case is fixed in the stage of arguments but gets adjournments for one reason or others. It is submitted on behalf of the petitioner that due to the pendency of the present appeal, the petitioner is facing undue hardship. 5. Para 458 of U.P. Revenue Court Manual provides as under: "458. Speedy Disposal- (1) The court shall endeavour to finally decide the suit within a period of one year from the date of institution of the suit and if the suit is not decided within the period aforesaid, the reason for the same shall be recorded. A227 No. 3364 of 2026 2 (2) The appellate or the revisional court shall endeavour to finally decide the appeal or revision, as the case may be, within a period of six months from the date of filing the appeal or revision and if the appeal or revision is not decided within the aforesaid period, the reason for the same shall be recorded. " 6. A plain reading of the aforesaid clause manifests the express and unequivocal legislative intent that proceedings are required to be concluded within the stipulated period of time and in the event of delay, the authority concerned is obligated to record reasons for the same.
7. Learned Standing Counsel submits that he has no objection in case, if this petition is disposed of with a direction by this Court for expeditious disposal of the above mentioned case, within stipulated period as to be fixed by this Court. 8. In view of the nature of the order proposed to be passed, the service of notice upon the respondent nos. 2 to 21 is dispensed with. 9. Taking into consideration the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping this petition pending. 10. Accordingly, without adverting on merits of the case, this Court deems it appropriate to finally dispose of the present petition, with a direction to the Additional Commissioner (Judicial)IInd, Lucknow Division, Lucknow (Opposite party no. 1) before whom the Appeal no. 2980/2023, computerized case no. C202310000002980 (Irfan and others Versus Mohd. Zamil and others) is pending for adjudication, to decide the same strictly in accordance with law, by a reasoned and speaking order on merit, after affording due opportunity of hearing to the parties concerned, expeditiously and preferably within a period of six months from the date of receipt of a certified copy of this order, unless there is any legal impediment. It is further directed that no unnecessary adjournments be granted to either of the parties, if prayed for, will be permissible to be granted only in exceptional circumstances.
11. With the aforesaid direction, the present petition is disposed of. June 5, 2026 Arun (Syed Qamar Hasan Rizvi,J.) Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench