Disposed

Avnish Rai and 3 Others v. State of U.P. and Another

Allahabad HC25 May 2023WRIC/18085/2023

Case brief

AI extract

What is this about?

Petition sought expeditious disposal of a land dispute case pending before a Tehsildar. The Court directed disposal within five months and empowered parties to appear personally if lawyers failed to cooperate.

What did the court decide?

Direction to conclude proceedings expeditively within five months; permission for personal appearance of parties if lawyers do not cooperate.

Avnish Rai and 3 Others Vs State of U.P. and Another — Property and Title | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:116689

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Court No. - 52

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Case :- WRIT - C No. - 18085 of 2023

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Petitioner :- Avnish Rai And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Rajeev Kumar 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 petitioners, 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 Case No. 4884 of 2022 (Computerized Case No. T202215510204884) (Amarjeet vs Upendra Nath @ Upender Nath), under section 34 of U.P. Revenue Code, 2006 pending before the Tehsildar (Judicial), Division Azamgarh, Tehsil Ghosi, district Mau, within stipulated period.

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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 case.

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

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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 Tehsildar (Judicial), Division Azamgarh, Tehsil Ghosi, district Mau, to conclude the proceedings of the aforesaid case expeditiously, preferably, within a period of five 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 :- 25.5.2023 Sazia

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

Avnish Rai and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Avnish Rai and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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