Partly allowed

Smt.Shobha Devi v. Settlement of U.P.C.

Allahabad HC14 Dec 2023WRIB/1504/1982

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad condoned delay in filing several substitution and abatement applications subject to payment of costs. The writ petition was disposed of by setting aside an impugned 1982 order which was deemed subsumed by a pending writ petition.

What did the court decide?

Delay condoned with Rs.500 costs; impugned order of 21.1.1982 set aside; writ petition disposed of; next writ listed in February 2024.

Smt.Shobha Devi Vs Settlement of U.P.C. — Civil Procedure and Limitation | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:236932

¶2

Court No. - 48

¶3

Case :- WRIT - B No. - 1504 of 1982

¶4

Petitioner :- Smt.Shobha Devi Respondent :- Settlement Of U.P.C. Counsel for Petitioner :- Abhishek Goswami,Dinesh Pathak,Rakesh Pathak,S.P. Bharti Counsel for Respondent :- S.L.Yadav,Atul Kumar,S P Goswami,S.C.,S.K. Mishra,S.L.Pathak,Santosh Kumar Mishra,Shashi Prakash Misra

¶5

Hon'ble Saurabh Shyam Shamshery,J.

¶6

Civil Misc. Delay Condonation Application No.271496 of 2017

¶7

Heard.

¶8

Cause shown is sufficient.

¶9

Application is allowed.

¶10

Delay in filing the substitution application is condoned subject to cost of Rs.500/- to be deposited in the office of High Court Bar Association Allahabad, receipt of which shall be placed on record.

¶11

Civil Misc. Substitution Application No.271497 of 2017.

¶12

Heard.

¶13

Allowed.

¶14

Substitution be carried out during the course of the day.

¶15

Civil Misc. Delay Condonation Application No.11 of 2022

¶16

Heard.

¶17

Cause shown is sufficient.

¶18

Application is allowed.

¶19

Delay in filing the substitution application is condoned subject to cost of Rs.500/- to be deposited in the office of High Court Bar Association Allahabad, receipt of which shall be placed on record.

¶20

Civil Misc. Substitution Application No.12 of 2022.

¶21

Heard.

¶22

Allowed.

¶23

Substitution be carried out during the course of the day.

¶24

Civil Misc. Abatement Application No.13 of 2023.

¶25

Since the Substitution Application No.12 of 2022 has been allowed, therefore, this abatement application stands rejected.

¶26

Order on Memo of Writ Petition.

¶27

Heard Sri Tripathi B.G.Bhai, learned counsel for the petitioner and Sri S.K.Mishra, learned counsel for the respondents.

¶28

In the present case, this Court has passed following order on 21.1.1982:

¶29

"I have gone through the matter. Such amaldaramad of furgy appellate order is alleged and file is not produced and hence does not arise the question of restoration. It should be treated as complaint unless opposite party produces any such appeal order or file."

¶30

Learned counsel for the petitioner submits that orders passed in consolidation proceedings in respect of land in dispute has already been subject matter of consideration in Writ Petition No.11162 of 1980, which is still pending, therefore, there was no need to pass above referred order.

¶31

Learned counsel appearing on behalf of respondent nos.3 and 4 also supported the above submissions.

¶32

In view of the above, impugned order dated 21.1.1982 is set-aside.

¶33

With the aforesaid direction/observation, this writ petition is disposed of.

¶34

Copy of this order be placed in the records of Writ Petition No.11162 of 1980.

¶35

Let Writ Petition No.11162 of 1980 be listed in February, 2024.

¶36

Order Date :- 14.12.2023 SB

¶37

Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad

Smt.Shobha Devi v. Settlement of U.P.C.

Case brief

What is this about?

What did the court decide?

Smt.Shobha Devi v. Settlement of U.P.C.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sri Abdul Rauf and 7 Others Vs State of U.P. and 10 Others

Sudheer Patel Vs State of U.P. and 3 Others

Kashmir Singh Vs State of U.P. and 3 Others

Thagai Vs A.D.C. and Others

Surendra Kumar Vs State of U.P. and 3 Others

Krishna Kant and 2 Others Vs State of U.P. and 4 Others