Disposed

Vinod Kushwaha and Another v. State of U.P. and 4 Others

Allahabad HC18 May 2023WRIC/16897/2023

Case brief

AI extract

What is this about?

This writ petition sought an order for expeditious disposal of a recall application pending before the SDM Kashya. The High Court directed the authority to conclude proceedings within three months and permitted personal appearance if lawyers fail to cooperate.

What did the court decide?

Direction to respondent No. 2 to conclude proceedings of the recall application expeditiously within three months.

Vinod Kushwaha and Another Vs State of U.P. and 4 Others — Allahabad HC (2023) — LawSathi Research

¶1

Neutral Citation No. - 2023:AHC:108721

¶2

Court No. - 52

¶3

Case :- WRIT - C No. - 16897 of 2023

¶4

Petitioner :- Vinod Kushwaha And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Majahar Ali Counsel for Respondent :- C.S.C.

¶5

Hon'ble Kshitij Shailendra,J.

¶6

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

¶7

This petition has been filed seeking expeditious disposal of recall application dated 21.09.2022 filed in Case No. 4376 of 2022 (Computerized Case No. T202205440404376) (Smt. Chinta Devi and others vs Vinod Kumar Kushwaha and others) under section 134 of U.P. Revenue Code, 2006, pending before the respondent No. 2, S.D.M. Kashya, Kushi Nagar, within stipulated period.

¶8

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

¶9

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

¶10

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

¶11

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 recall application. 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

¶12

record.

¶13

Order Date :- 18.5.2023 Sazia

¶14

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

Vinod Kushwaha and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Vinod Kushwaha and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Babu Singh @ Guddu Singh Vs State of U.P. and 3 Others

Ram Mishra Vs State of U.P. and 3 Others

Jitendra Sagar @ Jitendra Kumar Sagar and Another Vs State of U.P. and 3 Others

Rakesh Bind Vs State of U.P. and 3 Others

Janak Vs State of U.P. and 6 Others

Fatehmuhammd and Another Vs State of U.P. and 7 Others