Disposed

Shiv Kumar v. State of U.P. and 13 Others

Allahabad HC18 Apr 2023WRIC/11625/2023

Case brief

AI extract

What is this about?

Allowed the petition seeking expeditious disposal of an underlying case. Directed the Sub Divisional Magistrate, Handia, to conclude proceedings within nine months, with measures to ensure property rights are protected if lawyers fail to cooperate.

What did the court decide?

Direction to conclude proceedings within nine months and provision for personal appearance if lawyers do not cooperate.

Shiv Kumar Vs State of U.P. and 13 Others — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 52

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Case :- WRIT - C No. - 11625 of 2023

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Petitioner :- Shiv Kumar Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Pawan Kumar Yadav,Mohammad Khalid Counsel for Respondent :- CSC,Azad Rai

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Hon'ble Kshitij Shailendra,J.

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1 . Heard Shri Deepak Singh, learned counsel holding brief of Shri Mohammad Khalid, learned counsel for the petitioner and Shri Anit Kumar Srivastava, learned Standing Counsel representing the Staterespondents and Shri Azad Rai, learned counsel for the respondent-Gaon Sabha.

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2. This writ petition has been filed seeking expeditious disposal of Case No.4491 of 2020 (Computerized Case No.T-202002030404491) (Shiv Kumar v. Sushil Kumar & Ors.) within stipulated period.

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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.

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

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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, Handia, DistrictPrayagraj 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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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.

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Order Date :- 18.4.2023

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Jyotsana

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

Shiv Kumar v. State of U.P. and 13 Others

Case brief

What is this about?

What did the court decide?

Shiv Kumar v. State of U.P. and 13 Others

Case brief

What is this about?

What did the court decide?

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