Allowed

Satpal Singh and Another v. State of U P and 3 Others

Allahabad HC5 Jul 2021WRIC/2533/2021

Case brief

AI extract

What is this about?

The Court issued a writ of mandamus directing the Collector, Gautam Budh Nagar, to decide the petitioners' application for rectification of an order dated 07.04.1993 within four months. The Court specified procedures for verification and hearings while explicitly refraining from adjudicating merits or delay issues.

What did the court decide?

Order dated 07.04.1993 to be rectified within four months; directions issued on verification and hearing of parties.

Satpal Singh and Another Vs State of U P… — Civil Procedure and Limitation | Allahabad HC (2021)

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Court No. - 32

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Case :- WRIT - C No. - 2533 of 2021

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Petitioner :- Satpal Singh And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Shiv Kant Mishra Counsel for Respondent :- C.S.C.,Shiv Kant Mishra

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Hon'ble Ajay Bhanot,J.

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Shri Shiv Kant Mishra, learned counsel for the petitioners contends that the name of the petitioners were incorrectly expunged from the land records. The petitioners are cosharers of the disputed property. Part of the property falling to the share of the petitioners was never sold. The petitioner made an application for correction of the order dated 07.04.1993 which has not been decided till date.

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Shri Shiv Kant Mishra, learned counsel for the petitioners submits that the case of the petitioner is covered by law laid down by this Court in Surajbhan Sharma Vs. State of U.P. and others , reported at (2010) 10 ADJ 296 .

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Learned Standing Counsel on the basis of instructions submits that the petitioners are not tendering any evidence in support of their case under Section 152 C.P.C. for modification of the order dated 07.04.1993 before the competent court below.

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No useful purpose would be served by exchanging the pleadings and keeping this writ petition pending before this Court. With consent of parties the matter is being disposed of finally.

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In light of the aforesaid submissions, the matter is remitted to the respondent no.2-Collector, Gautam Budh Nagar.

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A writ in the nature of mandamus is issued commanding the respondent no.2-Collector, Gautam Budh Nagar, to execute the following directions:

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I. The respondent no.2-Collector, Gautam Budh Nagar, shall decide the application of the petitioners under Section 152 C.P.C. for rectification of the order dated 07.04.1993 under Section 154(2) read with Section 167(2) of U.P.Z.A.&L.R. Act within a period of four months from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad, along with a fresh copy of the representation.

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The computer generated copy of such order shall be self attested by the party concerned. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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II. All parties to the lis are directed to cooperate in the proceedings pending before the respondent no.2-Collector, Gautam Budh Nagar.

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III. The respondent no.2-Collector, Gautam Budh Nagar, shall hear all necessary parties to the lis before any order is passed in the said proceedings.

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IV. The petitioners shall also tender the necessary pleadings and evidence in support of their case.

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This Court has not gone into the merits of the case nor the issue of delay and laches. Since in the instructions received by the learned Standing Counsel it appears that there was

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no objection regarding the delay or laches in the instant case. Instructions are taken in the record.

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With the aforesaid directions, the writ petition is disposed of finally.

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Order Date :- 5.7.2021 Dhananjai

Satpal Singh and Another v. State of U P and 3 Others

Case brief

What is this about?

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Satpal Singh and Another v. State of U P and 3 Others

Case brief

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