Disposed

Narendra Kumar v. Appar Ayukt (Prashashan) (Pratham) Gorakhpur Mandal and 4 Others

Allahabad HC26 May 2023WRIC/16967/2023

Case brief

AI extract

What is this about?

Writ petition filed seeking expeditious disposal of an appeal pending under section 333 of U.P. Z.A. & L.R. Act, 1950. Court directed the Additional Commissioner to conclude proceedings within four months and permitted personal appearance if lawyers fail to cooperate.

What did the court decide?

Direction issued to respondent No. 1 to conclude the pending appeal proceedings within four months; personal appearance permitted if lawyers fail to cooperate.

Narendra Kumar Vs Appar Ayukt (Prashashan)… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:118499

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Court No. - 52

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Case :- WRIT - C No. - 16967 of 2023

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Petitioner :- Narendra Kumar

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Respondent :- Appar Ayukt (Prashashan) (Pratham) Gorakhpur Mandal And 4 Others

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Counsel for Petitioner :- Surya Narayan,Shashi Shukla Counsel for Respondent :- C.S.C.,Sudhir Bharti

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Hon'ble Kshitij Shailendra,J.

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Heard learned counsel for the petitioner, learned Standing Counsel representing the State-respondents as well as learned counsel representing the Gaon Sabha.

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This petition has been filed seeking expeditious disposal of Appeal No. 00105 of 2020 (Computerized Case No. C202005000000105) (Rishikesh vs Narendra Kumar) under section 333 of U.P. Z.A. & L.R. Act, 1950 pending before the respondent No. 1, Additional Commissioner (Administration) (Ist), Gorakhpur Division Gorakhpur 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. 1 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.

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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

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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 :- 26.5.2023 Sazia

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

Narendra Kumar v. Appar Ayukt (Prashashan) (Pratham) Gorakhpur Mandal and 4 Others

Case brief

What is this about?

What did the court decide?

Narendra Kumar v. Appar Ayukt (Prashashan) (Pratham) Gorakhpur Mandal 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

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