Disposed

Ramkeval and Another v. State of U.P. and 3 Others

Allahabad HC2 Jul 2021WRIC/2545/2021

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AI extract

What is this about?

The High Court disposed of a writ petition seeking a stay on eviction and urging expedited disposal of an appeal. The Court noted the petitioner had already been evicted and the appeal remained pending due to the pandemic. It directed the appellate authority to decide the appeal expeditiously after hearing parties.

What did the court decide?

Directed the appellate authority to decide the pending appeal expeditiously after hearing all aggrieved parties.

Ramkeval and Another Vs State of U.P. and 3 Others — Property and Title | Allahabad HC (2021)

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Court No. - 2

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Case :- WRIT - C No. - 2545 of 2021

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Petitioner :- Ramkeval And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Triloki Singh,Akhilesh Kumar Pandey Counsel for Respondent :- C.S.C.,Sunil Kumar Singh

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Hon'ble Suneet Kumar,J.

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Heard learned counsel for the petitioners and learned Standing Counsel through video conferencing.

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By means of instant writ petition, petitioner seeks following reliefs:

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"A) Issue a writ, order or direction in the nature of mandamus commanding the respondents to not evict the petitioner from the dwelling house of the petitioner situated upon the Gata No. 51(M) of Village Misrauli, Tappa Mail, Tehsil Salempur, District Deoria, during the pendency of appeal pending before the respondent No. 2 as well as the Civil Suit No. 846 of 2019 before the court of Civil Judge (J.D.) Court No. 10, further more.

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B) Issue a writ, order or direction in the nature of Mandamus directing the respondent No. 2 to decide the stay application as well as the appeal filed by the petitioner as early as possible against the order dated 05-02.2020 (order of eviction)."

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This Court on 04.02.2021 passed the following order:

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"The petitioner assails the proceedings initiated by the respondent drawn under Section 67 of the U.P. Land Revenue Code, 2006. The aforesaid proceedings ultimately resulted in the framing of an order of eviction on 05 February 2020. Although the aforesaid order has been challenged in appeal, on account of the ensuing pandemic the said appeal has neither been registered nor heard. Even the stay application moved therein was not taken up for disposal. In the meantime, learned counsel apprises the Court, that the residential premises of the petitioner itself came to be demolished and the petitioner evicted on 10 October 2020.

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In view of the aforesaid, the Court hereby direct the respondent no.2 to forthwith take up the appeal for consideration including any application for stay that has been moved therein. The Collector shall ensure that the application for interim directions in appeal is considered with expedition and in any case within a period of 72 hours from today. Learned Standing Counsel is requested to apprise the Collector of the passing of this order to enable him to comply with the above awaiting the placement of a certified copy of the order passed today.

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Include in the list of fresh of 15 February 2021 of the appropriate Court to review progress.

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The matter shall not be treated as part heard or tied up to this Court."

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Pursuant thereof, learned Standing Counsel, on instructions, submits that

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petitioners have been evicted from the property in dispute. However, their appeal is pending.

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In view thereof, the petition is disposed of directing the appellate authority to decide the appeal expeditiously after hearing all the aggrieved parties.

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Order Date :- 2.7.2021 P. Sri.

Ramkeval and Another v. State of U.P. and 3 Others

Case brief

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Ramkeval and Another v. State of U.P. and 3 Others

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