This single-judge writ petition sought expeditious disposal of a dispute suit filed under U.P. Z.A. & L.R. Act, 1973. The High Court directed the concerned court to conclude proceedings within five months due to non-framing of issues.
Directed the concerned court to conclude proceedings of Suit No. D201805440003331 within five months.
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Court No. - 52
Case :- WRIT - C No. - 10553 of 2023
Petitioner :- Vinay Kumar And 2 Others Respondent :- State Of U.P. And 15 Others Counsel for Petitioner :- Triloki Nath Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Kshitij Shailendra,J.
2.Heard Sri Triloki Nath, learned counsel for the petitioners and Shri Dhanjay Singh, learned Standing Counsel representing the State-respondent.
3.This writ petition has been filed seeking expeditious disposal of Suit No. D201805440003331 [Vinay Kumar (since deceased) and others Vs. Ram Kishore (since deceased) and Others], under Section 229-B of U.P. Z.A. & L.R. Act within stipulated period.
4.A suit under Section 229-B of U.P. Z.A. & L.R. Act was initially dismissed on 30-05-2011. However, the said order was set aside in appeal on 08-09-2017 and the matter was remanded to the court of first instance for framing of issues and deciding the matter on merits.
7.In view of the above, having heard the learned counsel for the parties and having perused the record, this petition is disposed off with a direction to the concerned court to conclude the proceedings of the aforesaid case expeditiously, preferably, within a period of five months from the date a certified copy of this order is produced before him, after giving full opportunity of hearing to the parties concerned.
8.In case, the lawyers do not cooperate with the proceedings either on account of abstainment from work or otherwise, the court concerned shall permit personal appearance of the parties to address it on the merits of the aforesaid case.
9.However, the authority/court concerned shall take special care of the fact that the property rights of the parties may not be adversely affected only on account of non-cooperation of the lawyers and the aforesaid matter shall be disposed of strictly in accordance with law, taking care of the statutory provisions and after making critical analysis of the material available on record.
Order Date :- 17.4.2023 pks
Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad
1 provisions across 1 enactments
Vinay Kumar And 2 Others
State Of U.P. And 15 Others
Kshitij Shailendra
As recorded by the court registry
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