Smt. Renu v. State of U.P. Thru. Prin. Secy. Home, Lucknow and Others

Court No. - 4 Case :- WRIT - C No. - 5617 of 2024 Petitioner :- Smt. Renu Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lucknow And Others Counsel for Petitioner :- Satish Kumar Sharma Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Subhash Chandra Sharma,J.

¶1Heard learned counsel for the petitioner, Sri Dilip Kumar Pandey, learned counsel for the opposite party no. 4, learned Standing Counsel for the State-respondent and perused the material available on record.

¶2The present writ petition has been filed by the petitioner with the following prayers: "(i) A writ order or direction in the nature of certiorari be issued quashing the impugned order dated 03.11.2023 passed by the opposite party no. 3 contained as Annexure No. 1 to this writ petition.

(ii) Issue a writ, order or direction in the nature of mandamus thereby commanding the opposite party no. 3 to decide the Suit No. 4552/2023 Computerized Case No. T202310330404552 (Praveen Kumar Tripathi Versus Vijay Kumar) under Section 144 of Uttar Pradesh Revenue Code, 2006, contained as Annexure No. 2 to this writ petition."

¶3It is submitted by the learned counsel for the petitioner that a declaratory suit is pending before the learned Court of Sub Divisional OfÏcer (Judicial), Sandila, Hardoi, in which the proceedings are going on. During the course of proceedings on 03.11.2023 an order was passed by the learned S.D.O. directing the parties to maintain status quo over the land in dispute till the disposal of the case but the opposite party no. 5 is adamant to take the forceful possession over the said land, therefore, a request is being made to set aside the order and to direct the learned Court below to decide the case as expeditiously as possible within a stipulated period of time.

¶4Learned Standing counsel as well as learned counsel appearing on behalf of the opposite party no. 4 contended that since the order of status quo has been passed against the parties, on the basis of which, no interference will be made in the status of property in dispute by either of the party and they have no objection in directing the authority concerned to decide the case expeditiously.

¶5Considering the facts and circumstances of the case and the submissions advanced by the learned counsel for the parties, since there is order of status quo, as a result no party is expected to make interference in the status of property in dispute, therefore, it is expedient to direct the learned Court below to make endeavour to decide the aforesaid case as expeditiously as possible in accordance with law preferably within a period of three months from the date of production of certified copy of this order without granting any unnecessary adjournment to either of the party.

¶6With the aforesaid observation and direction, this writ petition is finally disposed of. Order Date :- 26.6.2024 Arun High Court of Judicature at Allahabad, Lucknow Bench