Disposed

Suchit v. State of U.P. and 2 Others

Allahabad HC25 Apr 2023WRIC/12951/2023

Case brief

AI extract

What is this about?

This petition sought a direction for the expeditious disposal of a pending impleadment application and a civil case before the Naib Tehsildar, Tehsil Khadda, District Kushingar. The court directed the authority to decide the application within one month and the entire case within five months.

What did the court decide?

Direction to the Naib Tehsildar to decide the impleadment application within one month and the entire case within five months, with special care for property rights.

Suchit Vs State of U.P. and 2 Others — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 52

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Case :- WRIT - C No. - 12951 of 2023

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Petitioner :- Suchit Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Om Prakash Pandey Counsel for Respondent :- C.S.C.

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Hon'ble Kshitij Shailendra,J.

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Heard learned counsel for the petitioner and learned Standing Counsel representing the State-respondents.

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This petition has been filed claiming expeditious disposal of impleadment application as well as the entire case No.01597 of 2019 (Computerized Case No. T201905440501597) (Janki Vs. Mahaveer), which is pending before the Naib Tehsildar, Tehsil Khadda, District Kushingar.

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Learned counsel for the petitioner submits that pendency of the impleadment application as well as 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 of with a direction to the Naib Tehsildar, Tehsil Khadda, District Kushingar (respondent no.2) to decide the impleadment application within a period of one month from the date a certified copy of this order is produced before him, after giving full opportunity of hearing to the parties concerned and thereafter decide the entire case No.01597 of 2019 (Computerized Case No. T201905440501597) on its own merits, within five months .

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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 :- 25.4.2023 AKShukla/-

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Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad

Suchit v. State of U.P. and 2 Others

Case brief

What is this about?

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Suchit v. State of U.P. and 2 Others

Case brief

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