Disposed

Mahendra Kumar v. State of U.P. and 5 Others

Allahabad HC29 Sept 2022A482/31551/2022

Case brief

AI extract

What is this about?

The applicant sought directions under Section 482 Cr.P.C. to execute an interim order for removing obstruction from land plots. The High Court declined to interfere, directing the Executive Magistrate to expedite proceedings within three months after hearing both parties.

What did the court decide?

The Learned Executive Magistrate is directed to expedite the case within three months after giving hearing opportunities to both parties.

Mahendra Kumar Vs State of U.P. and 5 Others — Landlord and Tenant | Allahabad HC (2022)

¶1

Court No. - 90 Case :- APPLICATION U/S 482 No. - 31551 of 2022

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Applicant :- Mahendra Kumar Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.

¶3

Hon'ble Ram Manohar Narayan Mishra,J.

¶4

Heard learned counsel for the applicant and learned A.G.A. for the State.

¶5

The present 482 Cr.P.C., application has been filed for directing the opposite party no. 3 to execute the order dated 21.7.2022, under Section 133 Cr.P.C. and further directing the opposite party nos. 4 to 6 to remove the obstruction from plot nos. 1661, 1665, 1663 situated at village Katghar Ghilauna, Tehsil Shahganj, District Jaunpur.

¶6

Learned counsel submits that by the interim order dated 21.7.2022, opposite parties were directed to open a way to remove obstruction from the said plots and in case there is any objection, they may appear before the court either personally or through counsel to take their stands.

¶7

Learned AGA contended that order is interim and conditional as in order dated 21.7.2022 learned Executive Magistrate has directed to comply with the order and if the opposite parties have any objection, they may appear before the court and take their stands.

¶8

Ordersheet of the court concerned reveals that at present 28.9.2022 is fixed for written statement and parties have to appear before the court through counsel.

¶9

In view of the above facts and circumstances of the case, no interference in present proceeding of learned Executive Magistrate in the case under Section 133 Cr.P.C., is required. However, learned Executive Magistrate is directed to expedite the case after giving opportunity of hearing to both the parties in accordance with law, preferably, within a period of three months from today.

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With the aforesaid observations, this application stands disposed off.

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Order Date :- 29.9.2022 Dhirendra/

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Digitally signed by DHIRENDRA KUMAR Date: 2022.09.30 10:54:58 IST Reason: Location: High Court of Judicature at Allahabad

Mahendra Kumar v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Mahendra Kumar v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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