This single-judge bench disposed of a writ petition seeking expeditious disposal of a pending revenue case under Section 116 of the U.P. Revenue Code-2006.
Direction to the Respondent No.2 (SDM, Meja, Prayagraj) to conclude the proceedings of Case No.1021/2022 within nine months.
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Court No. - 52
Case :- WRIT - C No. - 11679 of 2023
Petitioner :- Smt. Bhagwati Devi And 2 Others Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Vidya Kant Tripathi Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Kshitij Shailendra,J.
Heard Shri Vidya Kant Tripathi, learned counsel for the petitioners, learned Standing Counsel representing the State-respondents and Shri Azad Rai, learned counsel for the respondent-Gaon Sabha.
This writ petition has been filed seeking expeditious disposal of Case No.1021 of 2022 (Computerized Case No.T-202202030801021) (Smt. Bhagwanti Devi & Ors. v. Salik Ram & Ors.) under Section 116 of the U.P. Revenue Code-2006 within stipulated period.
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.
Learned Standing Counsel has no serious objection to the prayer made by the learned counsel for the petitioner.
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, Meja, District-Prayagraj 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.
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.
Order Date :- 10.4.2023 Jyotsana
Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court can direct the disposal of a pending revenue case within a stipulated period to prevent prejudice to the petitioner.
Smt. Bhagwati Devi & 2 Others
State Of U.P.
Respondent-Gaon Sabha
Sub Divisional Magistrate, Meja, District-Prayagraj
Kshitij Shailendra
Jyotsana Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
