Disposed

Tribhuwan v. State of U.P. and 2 Others

Allahabad HC20 Apr 2023WRIC/10263/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad disposed of a writ petition directing the executing authority to decide a pending case filed under the U.P. Revenue Code 2006 within six months, noting the long pendency despite a fixed hearing date.

What did the court decide?

Directing Respondent No. 2 to decide Case No. 157 of 2017 expeditiously within six months from the production of the certified copy of this order.

Tribhuwan Vs State of U.P. and 2… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Court No. - 1

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Case :- WRIT - C No. - 10263 of 2023

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Petitioner :- Tribhuwan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Om Prakash Singh Counsel for Respondent :- CSC,Rameshwar Prasad Shukla

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Hon'ble Manjive Shukla,J.

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Heard learned counsel for the petitioner, learned Standing Counsel appearing for the Respondent Nos. 1 and 2 and Mr. Abhinav Jaiswal Advocate appearing for the Respondent no.3.

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Learned counsel for the petitioner has submitted that the petitioner has filed Case No. 157 of 2017 (Computerized No. T201815060702762) under Section 144 of U.P. Revenue Code 2006.

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Learned counsel for the petitioner has further submitted that the aforesaid case was filed on 28.06.2017 and since then the said case is pending and has not been decided by Respondent No. 2.

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This writ petition was listed before this court on 29.03.2023 and on the said date this court directed the learned Standing Counsel to take instructions in the matter. Today when the matter has been taken up learned Standing Counsel has placed the instructions given by the Sub Divisional Magistrate, Tehsil Sagari, District Azamgarh, vide his letter dated 10.04.2023.

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I find that that the Sub Divisional Magistrate Sagari, District Azamgarh in his aforesaid letter dated 10.04.2023 has categorically mentioned that the aforesaid case registered under Section 144 of U.P. Revenue Code 2006 is to be listed on 12.04.2023 on the issue of maintainability of the case and on the said date adequate decision in the matter will be taken.

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From bare perusal of the aforesaid letter dated 10.04.2023 it reveals the date in the case was fixed for 12.04.2023 and Sub Divisional Magistrate was hopeful to decide the issue of maintainability on the said date itself.

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Be that as it may, the case filed under Section 144 of U.P. Revenue Code 2006 is pending before Respondent No. 2 since 28.06.2017, therefore, it is in the interest of justice that a positive direction be

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issued by this court to decide the case itself within a time frame, if not already decided.

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In view of the aforesaid this writ petition is finally disposed of with a direction to Respondent No. 2 to decide the Case No. 157 of 2017 (Computerized No. T201815060702762) expeditiously, preferably within a period of six months from the date of production of certified copy of this order (if already not decided).

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It is made clear that this court has not adjudicated the case on merits.

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Needless to say that the Respondent No.2 while deciding the aforesaid case will not grant any unnecessary adjournment to any of the parties.

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Order Date :- 20.4.2023 Gaurav

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Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad

Tribhuwan v. State of U.P. and 2 Others

Case brief

What is this about?

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Tribhuwan v. State of U.P. and 2 Others

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