Disposed

Mahangu v. Sub District Magistrate Tehsil - Shahganj District- Jaunpur and 4 Others

Allahabad HC10 Apr 2023WRIC/11676/2023

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking a direction for the expeditious disposal of a pending case allegedly causing prejudice. The Court disposed of the petition directing the designated Magistrate to conclude proceedings within eight months.

What did the court decide?

Direction to the respondent Magistrate to conclude the proceedings of Case No.669 of 2021 expeditiously within eight months.

Mahangu Vs Sub District Magistrate Tehsil - Shahganj District- Jaunpur and 4 Others — Allahabad HC (2023) — LawSathi Research

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Court No. - 52

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Case :- WRIT - C No. - 11676 of 2023

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Petitioner :- Mahangu

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Respondent :- Sub District Magistrate Tehsil - Shahganj District- Jaunpur And 4 Others

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Counsel for Petitioner :- Kailash Nath

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Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi

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Hon'ble Kshitij Shailendra,J.

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Heard Shri Kailash Nath, learned counsel for the petitioner, learned Standing Counsel representing the State-respondents and Shri Bhupendra Kumar Tripathi, learned counsel for the respondent-Gaon Sabha.

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This writ petition has been filed seeking expeditious disposal of Case No.669 of 2021 (Computerized Case No.T-202114360100669) (Mahangu v. Banarasi & Ors.) under Section 116 of the U.P. Revenue Code-2006 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 Magistrate, Tehsil-Shahganj, DistrictJaunpur to conclude the proceedings of the aforesaid case expeditiously, preferably, within a period of eight 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 :- 10.4.2023

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Jyotsana

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

Mahangu v. Sub District Magistrate Tehsil - Shahganj District- Jaunpur and 4 Others

Case brief

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Mahangu v. Sub District Magistrate Tehsil - Shahganj District- Jaunpur and 4 Others

Case brief

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