Disposed

Kanta v. State of U.P. and 3 Others

Allahabad HC25 Apr 2023WRIC/12986/2023

Case brief

AI extract

What is this about?

The High Court, while hearing a writ petition for expeditious disposal of a mutation case, directed the Tehsildar to conclude proceedings within six months. The Court also directed that personal appearance be allowed if lawyers fail to cooperate, ensuring property rights are not adversely affected.

What did the court decide?

Direction to Tehsildar to conclude mutation proceedings expeditiously within six months; permission for personal appearance if lawyers fail to cooperate.

Kanta Vs State of U.P. and 3 Others — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Court No. - 52

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Case :- WRIT - C No. - 12986 of 2023

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Petitioner :- Kanta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Munna Tiwari,Shivam Kumar Modanwal Counsel for Respondent :- CSC

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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 seeking expeditious disposal of Mutation Case No.06447 of 2018 (Computerized Case No. T201805440406447) (Chandrawati Vs. Veer) within a 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 of with a direction to the Tehsildar, Tehsil Kasia, District Kushinagar (respondent no.2) to conclude the proceedings of the aforesaid case expeditiously, preferably, within a period of six 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 :- 25.4.2023 AKShukla/-

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

Kanta v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Kanta v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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