Disposed

Smt. Sanju Devi v. State of U.P. and Another

Allahabad HC18 Apr 2023WRIC/11687/2023

Case brief

AI extract

What is this about?

The High Court directed the Tehsildar to expeditiously conclude the pending mutation appeal proceedings within four months. The Court emphasized providing hearing opportunities and allowing personal appearance if legal proxies fail to cooperate, ensuring property rights are not adversely affected by lawyer absence.

What did the court decide?

Direction to the Tehsildar to conclude the mutation proceedings within four months; personal appearance admissible if lawyers fail to cooperate.

Smt. Sanju Devi Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2023)

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Court No. - 52

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Case :- WRIT - C No. - 11687 of 2023

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Petitioner :- Smt. Sanju Devi Respondent :- State of U.P. and Another Counsel for Petitioner :- Manoj Kumar Tiwari Counsel for Respondent :- C.S.C.

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Hon'ble Kshitij Shailendra,J.

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1 . Heard Shri Manoj Kumar Tiwari, learned counsel for the petitioner and Shri Dinesh Kumar Singh, learned Standing Counsel representing the State-respondents.

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2. This writ petition has been filed seeking expeditious disposal of restoration application bearing No.T-201814360604604 in mutation Case No.320/769 under Section 34 of the U.P. Land Revenue Act-1901 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-Tehsildar, Tehsil Madiyahun, District-Jaunpur to conclude the proceedings of the aforesaid case expeditiously, preferably, within a period of four 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 Jyotsana

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

Smt. Sanju Devi v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Smt. Sanju Devi v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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