Dismissed

Dashrath and Another v. State of U.P. and 5 Others

Allahabad HC10 Apr 2023WRIC/11722/2023

Case brief

AI extract

What is this about?

The petitioner sought a direction for expeditious disposal of a pending restoration application under Section 14 of the Land Revenue Act. The court disposed of the petition by directing the Naib Tehsildar to conclude proceedings within three months, considering the misplaced original application and previous filings.

What did the court decide?

Direction to the Naib Tehsildar to conclude the restoration application proceedings expeditiously within three months.

Dashrath and Another Vs State of U.P. and 5 Others — Land Acquisition | Allahabad HC (2023)

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Court No. - 52

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Case :- WRIT - C No. - 11722 of 2023

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Petitioner :- Dashrath And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Prabha Kumari Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi

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Hon'ble Kshitij Shailendra,J.

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Heard Ms. Prabha Kumari, learned counsel for the petitioners, learned Standing Counsel representing the State-respondents as well as Shri Bhupendra Kumar Tripathi, learned counsel representing the Gaon Sabha.

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This petition has been filed seeking the following relief:

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(a) Issue a writ, order or direction in the nature of mandamus directing respondent No. 2 to decide the restoration application dated 23.03.2017 against the order dated 11.01.2001 passed by respondent No. 2, under section 14 of Land Revenue Act in Case No. 306 of 2000 (Omkar vs Sechan and others), expeditiously within the period stipulated by this Hon'ble Court.

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Learned counsel for the petitioners submits that pendency of the aforesaid restoration application is causing serious prejudice to the rights of the petitioner and, therefore, this Court should issue a direction for expeditious disposal of the restoration application.

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Shri Bhupendra Kumar Tripathi, learned counsel for Gaon Sabha had, with reference to annexure No. 5 to the writ petition, pointed out that original restoration application dated 23.03.2017 has been misplaced and the petitioners have moved application dated 29.05.2019 annexing therewith the photostat copy of already filed restoration application, requesting disposal of the matter. The Naib Tehsildar while acting in pursuance of the directions issued under this order, shall also give due consideration to the aforesaid fact regarding misplacement of the original restoration application and also the prayer made by the petitioners in their application dated 29.05.2019.

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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 of with a direction to respondent No.2, Naib Tehsildar, Tehsil Sewapuri, district Varanasi, to conclude the proceedings of the

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aforesaid restoration application, expeditiously, preferably, within a period of three months from the date a certified copy of this order is produced before him.

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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 Sazia

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Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad

Dashrath and Another v. State of U.P. and 5 Others

Case brief

What is this about?

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Dashrath and Another v. State of U.P. and 5 Others

Case brief

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