Court fixed timelines for deciding Revenue Code proceedings pending before the lower court to prevent delay by respondents, ensuring hearing opportunity and cooperation.
Directed lower court to decide pending proceedings under Section 34/35 of U.P. Revenue Code, 2006 within time stipulated in Rule 34 of U.P. Revenue Code Rules, 2016.
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Court No. - 18
Case :- WRIT - C No. - 18493 of 2021 Petitioner :- Saheb Ram Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prabhakar Dubey Counsel for Respondent :- C.S.C.,Madhup Narain Shukla
Hon'ble Ajay Bhanot,J.
Heard Sri Prabhakar Dubey, learned counsel for the petitioner, Sri Madhup Narain Shukla, learned counsel for the respondent no. 5 and the learned Standing Counsel for the State respondents.
The only prayer made by Sri Prabhakar Dubey, learned counsel for the petitioner is that the proceedings taken out under Section 34/35 of the U.P. Revenue Code, 2006 which came to be registered as Case no. 524/T20161714032590 (Sahabram Vs Shivbaran), Case no. 525/T20161714032591 (Sahabram Vs Shivbaran), Case no. 526/T20161714032592 (Sahabram Vs Shivbaran) pending before the learned court below may be decided within a stipulated period of time.
Sri Prabhakar Dubey, learned counsel for the petitioner contends that the respondent no. 5 is only interested in creating impediments to the proceedings before the court below and delaying the out come.
To show his bonafides, Sri Madhup Narain Shukla, learned counsel appearing on behalf of respondent no. 5 undertakes to cooperate in the proceedings before the court below and also undertakes not to seek any unnecessary adjournment in the said proceedings.
With the consent of learned counsel for the parties the writ petition is being disposed of with the following directions:
(I) The court below shall decide the proceedings under Section 34/35 of the U.P. Revenue Code, 2006 within the time stipulated in Rule 34 of the U.P. Revenue Code Rules, 2016.
(II) All parties to the lis shall be given an opportunity of hearing before the final order is passed.
(III) Both the parties shall cooperate with the proceedings before the court below.
(IV) The court below shall not grant any unnecessary adjournment to the parties.
The writ petition is disposed of.
Order Date :- 4.10.2021 Pravin
1 issue framed by the court
Whether proceedings under Section 34/35 of the U.P. Revenue Code, 2006 can be fast-tracked against delays.
2 provisions across 2 enactments
Saheb Ram
State Of U.P.
Shivbaran
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
