Ram Kumar Vs State of U.P. and 4 Others — Allahabad HC (2023) — LawSathi Research

Ram Kumar Vs State of U.P. and 4 Others — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no.2-Sub Divisional Officer, Tehsil-Phoolpur, District Prayagraj to conclude proceedings of Case No.88 of 2018 (Ram Kumar & Ors. v. Gaon Sabha) under Section 24 of the U.P. Revenue Code-2006 expeditiously, preferably within four months from production of a certified copy of the order, after giving full opportunity of hearing to the parties; if lawyers do not cooperate, parties may be permitted to appear in person.

Issue for consideration

Whether the writ petition should be disposed of by directing expeditious disposal of the pending Case No.88 of 2018 (under Section 24 of the U.P. Revenue Code-2006) within a stipulated period, given the prejudice caused to the petitioner by its pendency.

Court's answer

The writ petition is disposed of with a direction to respondent no.2-Sub Divisional Officer, Tehsil-Phoolpur, District Prayagraj to conclude the proceedings of Case No.88 of 2018 expeditiously, preferably within four months from the date a certified copy of the order is produced before him, after giving full opportunity of hearing to the parties concerned.

Ratio / Principle

In case the lawyers do not cooperate with the proceedings, whether on account of abstention from work or otherwise, the court concerned shall permit personal appearance of the parties to address it on the merits of the case.

Key takeaways

The authority/court concerned shall take special care that the property rights of the parties are not adversely affected only on account of non-cooperation of the lawyers, and shall dispose of the matter strictly in accordance with law, taking care of the statutory provisions and after making critical analysis of the material available on record.ratio¶11

Detailed headnote1 paragraphs

Ram Kumar v. State of U.P. (Allahabad High Court, Kshitij Shailendra, J., Order dated 23.5.2023 in WRIT - C No. 15668 of 2023; Neutral Citation 2023:AHC:113425): Writ petition seeking expeditious disposal of pending Case No.88 of 2018 (Ram Kumar & Ors. v. Gaon Sabha) under Section 24 of the U.P. Revenue Code-2006 was disposed of with a direction to respondent no.2-Sub Divisional Officer, Tehsil-Phoolpur, District Prayagraj to conclude the proceedings expeditiously, preferably within four months from the date a certified copy of the order is produced before him, after giving full opportunity of hearing to the parties concerned. The Court further directed that if lawyers do not cooperate (including abstention from work), the court below shall permit personal appearance of the parties; the authority must take special care that the parties' property rights are not adversely affected merely due to lawyers' non-cooperation, and must decide the matter strictly in accordance with law after critical analysis of the material on record. The learned Standing Counsel had no serious objection to the prayer.

Neutral Citation No. - 2023:AHC:113425

Court No. - 52

Case :- WRIT - C No. - 15668 of 2023

Petitioner :- Ram Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Daksha Yadav Counsel for Respondent :- C.S.C.,Azad Rai

Hon'ble Kshitij Shailendra,J.

1 . Heard learned counsel for the petitioner, learned Standing Counsel representing the State-respondents and Shri Azad Rai, learned counsel for the respondent-Gaon Sabha.

2. This writ petition has been filed seeking expeditious disposal of Case No.88 of 2018 (Ram Kumar & Ors. v. Gaon Sabha) under Section 24 of the U.P. Revenue Code-2006 within stipulated period.

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.

4. Learned Standing Counsel has no serious objection to the prayer made by the learned counsel for the petitioner.

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-Sub Divisional Officer, Tehsil-Phoolpur, DistrictPrayagraj 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.

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.

Order Date :- 23.5.2023

Jyotsana

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