Allahabad High Court
WRIC/11138/2025 of MAQBOOL HUSAIN Vs SUB DIVISIONAL MAGISTRATE DISTT. GONDA AND ANOTHER on 3 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11138 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel, who appears on behalf of the State-respondent and Shri Pankaj Gupta, who
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - C No. - 11138 of 2025
Court No. - 2
HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J.
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1. Heard the learned counsel for the petitioner and the learned Standing Counsel, who appears on behalf of the State-respondent and Shri Pankaj Gupta, who appears on behalf of the Opposite party no.2 Gaon Sabha, Kauriya.
2. This petition has been filed by the petitioner with the following prayers:- "i-Issue a writ, order or direction in nature of mandamus commanding respondent no. 1 to decide the application dated 28.04.2025 and comply the order dated 05.08.2022 passed by this Hon' ble High Court within stipulated time annexed to this writ petition as Annexure No. 4 and 5. ii-Issue any other appropriate writ, order or direction in favour of the petitioner as the Hon'ble Court may deem fit in the circumstance of the case."
3. It has been submitted by the learned counsel for the petitioner that a Suit under Section 229B/ 209 of the U.P.Z.A. & L.R. Act was filed on 28.01.1986 by Smt. Urehi Banaama in the Court of Additional District Magistrate. During pendency of the said Suit, Smt. Urehi died, only son of Smt. Urehi namely Ramdev became her legal heir. The petitioner had a registered Sale Deed executed in his favour for the said land. An order was passed in his favour on the basis of Sale Deed dated 29.06.1990. A Recall application was moved by the Versus Counsel for Petitioner(s) : Aviral Srivastava Counsel for Respondent(s) : C.S.C., Pankaj Gupta Maqbool Husain .....Petitioner(s) Sub Divisional Magistrate Distt. Gonda And Another .....Respondent(s)
Education Development Committee, Kauriya, alongwith restoration which was allowed on 09.08.1994. Being aggrieved a Revision was filed and the same has been rejected on 26.05.2022 by the Commissioner, Devi Patan Mandal Gonda. The petitioner being aggrieved against the order dated 26.05.2022, had filed a Writ Petition No.5087 (M/B) of 2022 before this Court. The said writ petition was disposed of with a direction to the Respondent no.1 to decide the Suit expeditiously.
4. The Record, however, had not been sent from the Revisional Court and therefore, the Suit could not be decided expeditiously despite orders of this Court.
5. Hence, this writ petition has been filed with the aforesaid prayers.
6. Learned counsel appearing on behalf of the State-respondent has placed before this Court instructions sent by the Additional S.D.M.(III), Gonda, dated 28.11.2025 wherein it has been stated that record has been received, summons were issued but the petitioner has not taken steps in pursuance of such orders. As and when service is deemed sufficient upon the Respondent, the Suit shall be decided.
7. The petitioner is directed to take steps in Case No.D- 202508300003551 within a week. If such steps are taken, the Suit shall be tried to be decided as expeditiously as possible.
8. The writ petition stands disposed of. December 3, 2025 N.PAL WRIC No. 11138 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench