Disposed

Rajesh Kumar v. State of U.P. and 4 Others

Allahabad HC24 Apr 2023WRIC/10686/2023

Case brief

AI extract

What is this about?

This single-judge writ petition sought expeditious disposal of a pending civil case involving property rights. The court directed the Tehsildar to conclude proceedings within four months while ensuring full hearing and protection of party property rights despite lawyer non-cooperation.

What did the court decide?

Direction to Tehsildar to conclude proceedings expeditiously within four months with full opportunity of hearing.

Rajesh Kumar Vs State of U.P. and 4 Others — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 52

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Case :- WRIT - C No. - 10686 of 2023

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Petitioner :- Rajesh Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashok Kumar Yadav Counsel for Respondent :- C.S.C.

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Hon'ble Kshitij Shailendra,J.

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Heard learned counsel for the petitioner and learned Standing Counsel representing the State-respondents.

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This petition has been filed seeking expeditious disposal of Case No.2496 of 2022 (Computerized Case No. T202214360602496) (Rajesh Kumar Vs. Mohd. Jamil) within a stipulated period.

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Learned counsel for the petitioner submits that pendency of the aforesaid case is causing serious prejudice to the rights of the petitioner and therefore this Court should issue a direction for expeditious disposal of the case.

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Learned Standing Counsel has no serious objection to the prayer made by the learned counsel for the petitioner.

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In view of the above, having heard the learned counsel for the parties and having perused the record, this petition is disposed of with a direction to the Tehsildar, Tehsil Mariyahun, District Jaunpur (respondent no.2) to conclude the proceedings of the aforesaid case expeditiously, preferably, within a period of four months from the date a certified copy of this order is produced before him, after giving full opportunity of hearing to the parties concerned.

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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. 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.

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Order Date :- 24.4.2023 AKShukla/-

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Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad

Rajesh Kumar v. State of U.P. and 4 Others

Case brief

What is this about?

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Rajesh Kumar v. State of U.P. and 4 Others

Case brief

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What did the court decide?

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