Disposed

Smt. Salma Farhana v. Manzoor Hasan and Another

Allahabad HC3 Jan 2020WRIC/40161/2019

Case brief

AI extract

What is this about?

Writ petition filed by a tenant seeking directions to the Collector to decide a pending land dispute appeal within three months. The court disposed of the petition at the admission stage, directing the respondent authority to expedite the appeal with a hearing opportunity.

What did the court decide?

Direction to the Niyantarak Pradhikari to consider and decide Appeal No.D 2017155101694 within three months.

Smt. Salma Farhana Vs Manzoor Hasan and Another — Landlord and Tenant | Allahabad HC (2020)

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Court No. - 49

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Case :- WRIT - C No. - 40161 of 2019

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Petitioner :- Smt. Salma Farhana Respondent :- Manzoor Hasan And Another Counsel for Petitioner :- Gopal Krishna Pandey Counsel for Respondent :- C.S.C.

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Hon'ble Prakash Padia,J.

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Learned counsel for the petitioner is permitted to make necessary correction in the prayer clause of the petition during the course of day.

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Heard learned counsel for the petitioner. Sri Arvind Srivastava, Advocate, has put in appearance on behalf of respondent no.1 and learned Standing Counsel appears for the respondents No.2.

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The petitioner has preferred the present writ petition inter-alia with the following prayers :-

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"a). Issue a writ, order or direction in the nature of mandamus directing the Collector/Niyantarak Pradhikari, Viniyamit Kshetra-Mau Nath Bhanjan, District-Mau (respondent No.2) to decide the Appeal No.D 2017155101694 of 2017 Manzoor Hasan vs. Salma Farhana & others within stipulated period so that the justice may be done ; otherwise the applicant / petitioner shall suffer irreparable loss and injury."

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When the matter was taken up on 06.2.2019 following order was passed by this Court :-

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"Issue notice to the opposite party no.1 returnable within three weeks. Notice be served through dasti. Steps be taken within a week days.

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Learned Standing Counsel appears for respondent no.2.

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List after three weeks, as fresh."

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Pursuant to the same steps were duly taken by the petitioner to serve the respondent no.1 through personal service. In this regard affidavit of service has been filed by the petitioner today in the Court, which is taken on record.

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With the consent of learned counsel for the parties, the writ petition is being 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 petition stands disposed of finally with a direction to the respondent no.2 to consider and decide the aforesaid appeal in accordance

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with law expeditiously and preferably within a period of three months from the date of production of certified copy of this order but certainly after giving opportunity of hearing to the parties concerned without granting unnecessary adjournment to either of the parties, except upon payment of cost.

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Order Date :- 3.1.2020 Pramod Tripathi

Smt. Salma Farhana v. Manzoor Hasan and Another

Case brief

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Smt. Salma Farhana v. Manzoor Hasan and Another

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