Allahabad High Court
A227/7445/2025 of BADRI PRASAD MISHRA AND 3 OTHERS Vs TEHSILDAR, TEHSIL KUNDA, PRATAPGARH AND 5 OTHERS on 19 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 7445 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Sri Govind Kumar Pandey, learned counsel for the petitioners as well as Sri Yogesh Kumar Awasthi, learned Standing Counsel for the State respondent. 2. In view of the order
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
MATTERS UNDER ARTICLE 227 No. - 7445 of 2025
Court No. - 5
HON'BLE ALOK MATHUR, J.
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1. Heard Sri Govind Kumar Pandey, learned counsel for the petitioners as well as Sri Yogesh Kumar 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 respondents are hereby dispensed with.
3. Instant petition has been filed by the petitioner praying for direction to the respondent No. 1 - Tehsildar, Tehsil - Kunda, District - Pratapgarh, to decide RST/00002/2003 (Computerized Case No. T 200302570100002), under Section 34 of the U.P. Revenue Code, 2006, expeditiously.
4. It has been submitted by learned counsel for petitioner that the case is pending since 2003 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 - Tehsildar, Tehsil - Kunda, District - Pratapgarh to consider and decide RST/00002/2003 (Computerized Case No. T 200302570100002), under Section 34 of the U.P. Revenue Code, 2006, expeditiously, say, within a period of three months from the date a certified copy of this order is produced before him in case there is no legal impediment and subject to Versus Counsel for Petitioner(s) : Govind Kumar Pandey, Abhishek Dubey, Pradeep Kumar Singh Counsel for Respondent(s) : C.S.C. Badri Prasad Mishra And 3 Others .....Petitioner(s) Tehsildar, Tehsil Kunda, Pratapgarh And 5 Others .....Respondent(s)
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 19, 2025 A. Verma A227 No. 7445 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench