Mahabir Singh v. Sub- Divisional Officer Kadipur, Sultanpur and Others

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 7219 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J.

¶1Heard learned counsel for petitioner as well as Sri Yogendra Kumar Awasthi, learned Standing Counsel for the State respondent while notice on behalf of respondent No.3 has been accepted by Sri Mohan Singh.

¶2In view of the proposed order, notice to the private respondents is dispensed with

¶3By means of the present petition under Article 227 of the Constitution of India a prayer has been made for expeditious disposal of recall application dated 7.5.2025 filed in case No.2123/2023, computerized case No.T 202304680402123 under Section 24 of U.P. Revenue Code pending before respondent No. 1 i.e. Sub Divisional Officer, Kadipur, District Sultanpur.

¶4It is urged that though the matter is being listed but for one reason or the other, the aforesaid case is not being decided.

¶5Learned counsel for the petitioner submits that grievance of the petitioner would be sufficiently met in case respondent No., considers and decides the aforesaid case in the time bound manner.

¶6Considering the fact that the recall application has been filed in 2025 of which proceedings are underway and from the perusal of the 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 Versus Counsel for Petitioner(s) : Manoj Kumar Nishad, Jiyauddeen Counsel for Respondent(s) : C.S.C., Mohan Singh Mahabir Singh .....Petitioner(s) Sub-Divisional Officer Kadipur, Sultanpur And Others .....Respondent(s) expeditiously.

¶7This 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.

¶8However, 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 three 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.

¶9It 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.

¶10With aforesaid observation and direction the petition stands disposed of. December 16, 2025 RKM. A227 No. 7219 of 2025 (Alok Mathur,J.) High Court of Judicature at Allahabad, Lucknow Bench