Disposed

Suneel Kumar v. Chakbandi Adhikari and 6 Others

Allahabad HC13 Dec 2019WRIB/3034/2019

Case brief

AI extract

What is this about?

In a writ petition, the petitioner sought a direction for the expeditious disposal of a pending proceeding under the U.P. Chhatri Harit Act. Respondent consented, and the High Court directed the authority to decide the case within six months, without expressing an opinion on merits.

What did the court decide?

Directing respondents to decide the pending proceeding No. R-347 of 2012 under Section 9(A)(2) U.P.C.H. Act expeditiously within six months.

Suneel Kumar Vs Chakbandi Adhikari and 6… — Civil Procedure and Limitation | Allahabad HC (2019)

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Court No. - 49

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Case :- WRIT - B No. - 3034 of 2019

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Petitioner :- Suneel Kumar Respondent :- Chakbandi Adhikari And 6 Others Counsel for Petitioner :- Mohammad Yaseen Counsel for Respondent :- C.S.C.

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Hon'ble Prakash Padia,J.

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Heard learned counsel for the petitioners. Learned Standing Counsel accepted notice on behalf of respondent No.1.

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In view of the order proposed to be passed, notices need not go to the respondent Nos.2 to 7

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The petitioner has preferred with the following prayers:-

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"A. To issue writ, order or direction in the nature of mandamus commanding the respondent No.1/Chakbadi Adhikari (Antim Abhilekh) Bulandshahar to decide the Proceeding of Case No.R-347 of 2012 (Haripal Vs. State of U.P.) under Section 9 (A) 2 of the U.P.C.H. Act, Mauja Asafpur, Pargana and Tehsil Khurja, District Bulandshahar pending before it expeditiously within a period so stipulated by this Hon'ble Court.

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B. To pass such other and further order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case

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C. To award cost of this writ petition in favour of the petitioner."

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It is contended by learned counsel for the petitioner that the Case No.R-347 of 2012 (Haripal Vs. State of U.P.) under Section 9 (A) 2 of the U.P.C.H. Act has been filed by the fathers of respondents which is pending since 2012, till date no decision has been final taken and prays for expeditious disposal

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Learned Standing Counsel has no objection to the prayer made by petitioner.

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Heard learned counsel for the parties present. With the consent

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of learned counsel for the parties present, the present writ petition is disposed of at the admission stage itself.

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Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the respondent No.1/Chakbadi Adhikari (Antim Abhilekh) Bulandshahar to consider and decide the aforesaid case in accordance with law expeditiously and preferably within a period of six months from the date of production of certified copy of this order but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties.

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Order Date :- 13.12.2019

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saqlain

Suneel Kumar v. Chakbandi Adhikari and 6 Others

Case brief

What is this about?

What did the court decide?

Suneel Kumar v. Chakbandi Adhikari and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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