Ram Kailash 227

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IN THE HON’BLE HIGH COURT OF JUDICATURE AT

ALLAHABAD LUCKNOW BENCH, LUCKNOW


A-227 Petition No. Of 2024
District- Barabanki

Ram Kailash aged about 59 Yrs. S/O Shri. Jokhu Lal, R/O- Village-
Belkhara, Majre- Pooredalai , Pargana- Rudauli, Tehsil- Ram Sanehi
Ghat, District- Barabanki.

…………..Petitioner

Versus
1. Additional Commisioner (Judicial), Ayodhya Division, Ayodhya.
2. Mohammad Farooq
3. Mohammad Umar Sons of -Mohammad Idrees
4. Afroz Ahmad
5. Ali Mohammad
Sons of Mohammad Iliyas
6. Ali Ahmad
Opposite party no. 2 to 6 are R/O- Rampur, Majre- Barhua
Pargana-Rudauli, Tehsil- Ram Sanehi Ghat, District- Barabanki.
7. Ram Kishore
8. Ram Kumar Sons of Jokhu Lal
9. Satya Prakash
10. Ram Anuj, Sons of Sahaj Ram
11. Shiv Ram Son of Om Prakash
12. Durgawati, Wife of Sahaj Ram
Opposite party no. 7 to 12 are R/O- Village- Pooredalai,
Pargana-Rudauli, Tehsil- Ram Sanehi Ghat, District- Barabanki.
13. Gram Sabha, Pooredalai through its Pradhan, Pargana-Rudauli,
Tehsil- Ram Sanehi Ghat, District- Barabanki.
……………. Opposite Parties

PETITION UNDER ARTICLE 227 OF THE


CONSTITUTION OF INDIA

To,
The Hon’ble, Chief Justice and his other Hon’ble
Companion Judges of the Hon’ble High Court.

The humble petition of the above named petitioner most


respectfully begs to state as under:-

1. That, no petition has been filed earlier by the petitioner in respect


of the matter in question either before this Hon’ble Court or at
Allahabad, as such, this is the first petition.

2. That, the Petitioner further declares that he has not received any
caveat application or notice in respect of the matter for which the
present petition is being filed.

3. That, the present petition is being filed before this Hon’ble Court
for the issuance of direction to the opposite party no.1 i.e.
Additional Commissioner (Judicial), Ayodhya Division Ayodhya to
decide the Revision No. 201904000001817 filed U/s. 333 of Z.A
and L.R. Act-1950 , titled as “RAM KAILASH Vs MOHAMMAD
FAROOQ & OTHERS”, expeditiously within a reasonable time in the
interest of justice. Copy of Memo of Revision is being annexed as
Annexure No.1 to this petition.

4. That, facts giving rise to the present petition are that oppoiste
party no.2 and others have filed a suit before the S.D.M. -Ram
Sanehi Ghat, District- Barabanki U/s-176 of Z.A and L.R Act for
division of holding. After disposal of Suit , petitioner was not
satisfied with the order dated 04.04.2013 passed by the S.D.M -
Ram Sanehi Ghat, District- Barabanki and being aggrieved he filed
a Revision in the year 2019 on 18.11.2019. Copy of Memo of
Revision is already being annexed as Annexure No.1 to this
petition.

5. That, on 20.11.2019 due to paucity of time argument could not be


made on the point of admission and next date has been fixed i.e.
25.11.2019 and on that day Lawyers were are abstained from the
work. Certified Copy of Order dated 20.11.2019 & 25.11.2019 are
being annexed as Annexure No.2 to this petition.

6. That, thereafter case has been admitted by the opposite party no.1
and granted stay in the year 2019.

7. That, in the year 2024 opposite party no.2 namely Mohammad


Farooq has expired and his legal heirs moved an application for
substitution and same is still pending, which is reflected from the
order sheet dated 10.05.2024, 23.07.2024, 28.08.2024 and
24.09.2024. Certified copies of relevant Order sheet are being
annexed as Annexure No.3 to this petition.

8. That, the aforesaid Revision is pending since 2019 and for hearing
next date is fixed for 13.12.2024. Certified Copy of Questionnaire
is being annexed as Annexure No.4 to this petition.

9. That, it is evident from the perusal of order-sheet that opposite


parties are appearing in the aforesaid case before the opposite
party no.1 .
10. That, matter requires early hearing.

That the petitioner feeling aggrieved and having left with no


efficacious and prompt remedy, the petitioner prefers to file the
instant petition under Article 227 of the Constitution of India
before this Hon’ble Court on the following amongst other grounds.

GROUNDS
A. Because, Revision is pending before the opposite party no.1
since 18.11.2019.

B. Because, all opposite parties are appearing in the aforesaid case


before the opposite party no.1

C. Because, due to pendency of Revision , petitioner is facing so


many difficulties

D. Because, matter requires early hearing.

PRAYER
Wherefore, it is most respectfully prayed that this Hon’ble Court

may be pleased to:-

i. Issue a direction to the opposite party no.1 to decide the Revision

No. 201904000001817 filed U/s. 333 of Z.A and L.R. Act-1950 ,

titled as “RAM KAILASH Vs MOHAMMAD FAROOQ & OTHERS”,

expeditiously within a reasonable time, in the interest of justice.

ii. Issue any other order or direction which this Hon’ble Court may

deem just and proper under the circumstances of the case.

iii. Allow this petition with cost.

Lucknow AFAQ ZAKI KHAN


Dated (ADVOCATE)
A.O.R NO. – B/A 0162
(Counsel For the Petitioner)

IN THE HON’BLE HIGH COURT OF JUDICATURE AT


ALLAHABAD LUCKNOW BENCH, LUCKNOW
A-227 Petition No. Of 2024
District- Barabanki

Ram Kailash

…………………………Petitioner

Versus

Additional Commissioner (Judicial) Ayodhya Division, Ayodhya,and


Others

……………. Opposite Parties

APPLICATION FOR INTERIM RELIEF

That for the Facts, reasons and circumstances as stated in the


accompanying petition duly supported by an affidavit, it is most
respectfully prayed that this Hon’ble Court may kindly be pleased
to direct the opposite party no. 1 to decide the Revision No.
201904000001817 filed U/s. 333 of Z.A and L.R. Act-1950 , titled as
“RAM KAILASH Vs MOHAMMAD FAROOQ & OTHERS”
expeditiously within a reasonable time in the interest of justice.

Lucknow AFAQ ZAKI KHAN


Dated (ADVOCATE)
A.O.R NO. – B/A 0162
(Counsel For the Petitioner)

IN THE HON’BLE HIGH COURT OF JUDICATURE AT


ALLAHABAD LUCKNOW BENCH, LUCKNOW
A-227 Petition No. Of 2024
District- Barabanki

Ram Kailash

…………………………Petitioner

Versus

Additional Commissioner (Judicial) Ayodhya Division, Ayodhya,and


Others

……………. Opposite Parties

LIST OF DATES AND EVENTS

SL NO. DATES EVENTS

Petitioner filed a Revision before the


opposite party no.1
1. 18.11.2019
More than four years have been
2. passed but Revision is still pending yet
not decided as such petitioner is
facing so many hardship with regard
to his share in the land in question.
Now petitioner has no shelter except
to approach the Hon’ble Court with
the prayer to direct the opposite party
no.1 to decide the Revision which is
pending since 2019 expeditiously
within a reasonable time in the
interest of justice.
Hence, the Present Petition.

Lucknow AFAQ ZAKI KHAN


Dated (ADVOCATE)
A.O.R NO. – B/A 0162
(Counsel For the Petitioner)
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD LUCKNOW BENCH, LUCKNOW
A-227 Petition No. Of 2024
District- Barabanki

Ram Kailash aged about 59 Yrs. S/O Shri. Jokhu Lal, R/O- Village-
Belkhara, Majre- Pooredalai , Pargana- Rudauli, Tehsil- Ram Sanehi
Ghat, District- Barabanki.

…………..Petitioner

Versus
1. Additional Commisioner (Judicial), Ayodhya Division, Ayodhya.
2. Mohammad Farooq
3. Mohammad Umar Sons of -Mohammad Idrees
4. Afroz Ahmad
5. Ali Mohammad
6. Ali Ahmad Sons of Mohammad Iliyas
Opposite party no. 2 to 6 are R/O- Rampur, Majre- Barhua
Pargana-Rudauli, Tehsil- Ram Sanehi Ghat, District- Barabanki.
7. Ram Kishore
8. Ram Kumar Sons of Jokhu Lal
9. Satya Prakash
10. Ram Anuj, Sons of Sahaj Ram
11. Shiv Ram Son of Om Prakash
12. Durgawati, Wife of Sahaj Ram
Opposite party no. 7 to 12 are R/O- Village- Pooredalai,
Pargana-Rudauli, Tehsil- Ram Sanehi Ghat, District- Barabanki.
13. Gram Sabha, Pooredalai through its Pradhan, Pargana-Rudauli,
Tehsil- Ram Sanehi Ghat, District- Barabanki.
……………. Opposite Parties

AFFIDAVIT
I Ram Kailash aged about 59 Yrs. S/O Shri. Jokhu Lal, Education-
Literate Profession- Farming, R/O- Village- Belkhara, Majre-
Pooredalai , Pargana- Rudauli, Tehsil- Ram Sanehi Ghat, District-
Barabanki. the deponent do hereby solemnly affirm and state on
oath as under :-

1. That deponent is the petitioner himself in the aforesaid case


and, as such he is well conversant with the fact of the case
deposed here as under.

2. That content of paragraph no. 1 to ………………….. are true to my


own knowledge and content of paragraph ………………… are based
on record and content of Para…………… Of petition is believed to
be true on the basis of legal advice.

3. That the annexure no.1 to …………… of petition are true copies


are their respective originals.

Place : ……………….
Dated DEPONENT

VERIFICATION
I the above named deponent do hereby verify that the content
of paragraph 1 to 3 of this affidavit is true to my personal
knowledge. No part of it is false and nothing material has been
concealed.
So help me God.

Place : ……………….
Dated DEPONENT

IDENTIFICATION
I identify the deponent on the basis of papers available before
me.

Advocate

Solemnly affirmed before me On ……………………at ……………………..


am/pm by the deponent aforesaid who is identified
By………………………………………………………. Advocate, High Court,
Allahabad sitting at Lucknow , AOR No. …………………………….

I have satisfied myself by examining that the deponent


understands about the contents of the affidavit which have been
read over and explained by me to him/her.

OATH COMMISSIONER

IN THE HON’BLE HIGH COURT OF JUDICATURE AT


ALLAHABAD LUCKNOW BENCH, LUCKNOW
A-227 Petition No. Of 2024
District- Barabanki

Ram Kailash

…………………………Petitioner

Versus

Additional Commissioner (Judicial) Ayodhya Division, Ayodhya,and


Others

……………. Opposite Parties

INDEX

SL.NO. PARTICULARS PAGES

1. List of Dates and Events

2. Application for Interim Relief

3. Memo of Petition

Annexure. No.1
4. Copy of Memo of Revision
Annexure. No.2
5. Certified Copy of Order dated
20.11.2019 & 25.11.2019

6. Annexure. No.3
Certified copies of relevant
Order sheet
7.
Annexure. No.
Copy of Questionnaire

8. Affidavit along with I.D Proof

9. Vakalatnama /memo

Lucknow AFAQ ZAKI KHAN


Dated (ADVOCATE)
A.O.R NO. – B/A 0162
(Counsel For the Petitioner)

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