Disposed

Rama Shankar v. State of U.P. and 2 Others

Allahabad HC29 May 2023WRIC/17206/2023

Case brief

AI extract

What is this about?

A writ petition filed for expeditious disposal of a pending restoration application under U.P. Z.A. & L.R. Act, 1950. The High Court directed the authority to decide within three months and ensured that lawyer non-cooperation would not prejudice property rights.

What did the court decide?

Direction to respondent No. 2 to decide the restoration application expeditiously within three months.

Rama Shankar Vs State of U.P. and 2 Others — Landlord and Tenant | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:119309

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Court No. - 52

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Case :- WRIT - C No. - 17206 of 2023

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Petitioner :- Rama Shankar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Omkar Nath Rai 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 restoration application dated 25.01.1995 in Case No. RST/9476/2022 (Computerized Case No. T202205440309476) (Gopal vs Rama Shankar), under section 229-B of U.P. Z.A. & L.R. Act, 1950 pending before the respondent No. 2 Sub Divisional Magistrate, Tamkuhiraj, Kushinagar, 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 restoration application.

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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 decide the aforesaid restoration 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

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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 :- 29.5.2023 Sazia

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

Rama Shankar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Rama Shankar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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