Disposed

Tej Pratap Singh and 2 Others v. Sub Divisional Officer Phoolpur Prayagraj and 9 Others

Allahabad HC21 Apr 2023WRIC/11359/2023

Case brief

AI extract

What is this about?

This single-judge order in a writ petition directs the Sub Divisional Officer to conclude pending proceedings under Section 144 of the U.P. Revenue Code within nine months, emphasizing expeditious disposal and protection of property rights despite lawyer non-cooperation.

What did the court decide?

Direction to conclude Case No.47 of 2021 under Section 144 of the U.P. Revenue Code within nine months, prohibiting adverse effects on property rights due to lawyer non-cooperation.

Tej Pratap Singh and 2 Others Vs Sub… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 52

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Case :- WRIT - C No. - 11359 of 2023

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Petitioner :- Tej Pratap Singh And 2 Others Respondent :- Sub Divisional Officer Phoolpur Prayagraj And 9 Others

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Counsel for Petitioner :- Ashok Kumar Singh Counsel for Respondent :- C.S.C.,Azad Rai

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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 writ petition has been filed seeking expeditious disposal of Case No.47 of 2021 under Section 144 of the U.P. Revenue Code, within 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 off with a direction to the respondent no.1-Sub Divisional officer, Phoolpur Prayagraj/Allahabad to conclude the proceedings of the aforesaid case expeditiously, preferably, within a period of nine 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 :- 21.4.2023 Vipul

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Digitally signed by :- VIPUL PRATAP GOGAL High Court of Judicature at Allahabad

Tej Pratap Singh and 2 Others v. Sub Divisional Officer Phoolpur Prayagraj and 9 Others

Case brief

What is this about?

What did the court decide?

Tej Pratap Singh and 2 Others v. Sub Divisional Officer Phoolpur Prayagraj and 9 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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