Disposed

Husiar Khan v. State of U.P. and 4 Others

Allahabad HC11 May 2023WRIC/15983/2023

Case brief

AI extract

What is this about?

Petitioner sought expeditious disposal of a pending application under Section 144 of U.P. Revenue Code, 2006. Court directed respondent SDM to conclude proceedings within three months and ensured property rights are protected if lawyers default.

What did the court decide?

Direction to Respondent No. 2 (SDM Jashrana) to conclude proceedings of Application No. 5227 of 2018 expeditiously within three months.

Husiar Khan Vs State of U.P. and 4 Others — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:101969

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Court No. - 52

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Case :- WRIT - C No. - 15983 of 2023

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Petitioner :- Husiar Khan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jay Prakash Singh 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 seeking expeditious disposal of Application No. 5227 of 2018 (Computerized Case No. T201801260305227) under section 144 of U.P. Revenue Code, 2006 pending before the respondent No. 2 S.D.M. Jashrana, district Firozabad, within 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 respondent No. 2 to conclude the proceedings of the aforesaid 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

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material available on record.

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Order Date :- 11.5.2023 Sazia

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

Husiar Khan v. State of U.P. and 4 Others

Case brief

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Husiar Khan v. State of U.P. and 4 Others

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