Disposed

Gazi Khan v. State of U.P. and Another

Allahabad HC20 Apr 2023WRIC/11080/2023

Case brief

AI extract

What is this about?

Held, the writ petition is disposed of with a direction to the Sub Divisional Magistrate to conclude the proceedings of the pending restoration application expeditiously within three months, with provision for personal appearance if lawyers fail to cooperate.

What did the court decide?

Direction to Respondent No.2 to conclude proceedings of the pending restoration application expeditiously within three months.

Gazi Khan Vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2023)

¶1

Court No. - 52

¶2

Case :- WRIT - C No. - 11080 of 2023

¶3

Petitioner :- Gazi Khan Respondent :- State of U.P. and Another Counsel for Petitioner :- Shahnawaz Akhtar Counsel for Respondent :- C.S.C.

¶4

Hon'ble Kshitij Shailendra,J.

¶5

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

¶6

2. This writ petition has been filed seeking expeditious disposal of restoration application in Case No.RST/07577/2018 (Gazi Khan v. State) within stipulated period.

¶7

3 . 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.

¶8

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

¶9

5 . 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 respondent no.2-Sub Divisional Magistrate, Tehsil-Bisauli, District Budaun to conclude the proceedings of the aforesaid application expeditiously, preferably, within a period of three months from the date a certified copy of this order is produced before him, after giving full opportunity of hearing to the parties concerned.

¶10

6. 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.

¶11

Order Date :- 20.4.2023

¶12

Jyotsana

¶13

Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad

Gazi Khan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Gazi Khan v. State of U.P. and Another

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

Laichi Devi Vs State of U.P. and 2 Others

Rohit Kumar Vs State of U.P. and 5 Others

Ram Pyare Vs State of U.P. and 5 Others

M/S Daya Sugar Gagalheri and Another Vs Presiding Officer Labour Court and 3 Others

Smt. Genda Devi Vs State of U.P. and 2 Others

Sunil Kumar Vs State of U.P. and 6 Others