Disposed

Rajendra Prasad v. State of Up and 7 Others

Allahabad HC26 Mar 2019A482/8548/2019

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What is this about?

Court No. 70 issued a direction under Section 482 Cr.P.C. to the Sub Divisional Magistrate, Robertsganj, to decide a pending receiver replacement application within 30 days, finding no purpose in adjourning the matter.

What did the court decide?

Direction to Sub Divisional Magistrate, Robertsganj, to decide the applicant's pending application dated 21.8.2018 within 30 days after giving hearing.

Rajendra Prasad Vs State of Up and 7 Others — Allahabad HC (2019) — LawSathi Research

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 8548 of 2019

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Applicant :- Rajendra Prasad Opposite Party :- State Of Up And 7 Others Counsel for Applicant :- Vinay Bhushan Upadhyay,Narendra Deo Upahdayay Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.

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This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to issue a direction to the Sub Divisional Magistrate, Tehsil Robertsganj, Sonebhadra to replace the Supurdgar (receiver) of the land in dispute in case no. 32 of 2012 (Sadan and others Vs. Mangala and others), under Sections 145(1), 146 (1) Cr.P.C., Police Station-Chopan, District Sonebhadra pending in the Court of Sub Divisional Magistrate, Robertsganj, Sonebhadra.

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It is submitted by learned counsel for the applicant that pursuant to order dated 26.12.2012 passed under Section 146(1) Cr.P.C. by the Sub Divisional Magistrate, Robertsganj, Sonebhadra, Sri Anokhe S/o Ram Nath (respondent no.8) has been appointed receiver of the property in dispute but he is not acting fairly and impartially, therefore, applicant has moved an application dated 21.8.2018 before the SDM concerned with a prayer to direct the SHO Chopan to change the receiver in the matter but no order has been passed on the said application of the applicant till date and the said application dated 21.8.2018 is still pending. The averment in this regard has been mentioned in paragraph no. 13 of the application.

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In view of above, this Court feels that no useful purpose would be served in keeping this application pending and calling counter from the opposite parties concerned. Since, the application dated 21.8.2018 of the applicant is still pending for its disposal by the authority concerned, therefore, it would be appropriate to issue a direction to the authority concerned to decide the application dated 21.8.2018 of the applicant within a time bound period.

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Accordingly, the Sub Divisional Magistrate Robertsganj,

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Sonebhadra is directed to decide the application dated 21.8.2018 of the applicant within a period of 30 days in accordance with law from the date of production of certified copy of this order after giving opportunity of hearing to the parties concerned.

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With these directions, this application is disposed of. Order Date :- 26.3.2019 AK Pandey

Rajendra Prasad v. State of Up and 7 Others

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Rajendra Prasad v. State of Up and 7 Others

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