Anubhav Kumar Srivastava and 2 Others Vs Phool Chand and 5 Others — Allahabad HC (2023) — LawSathi Research

Anubhav Kumar Srivastava and 2 Others Vs Phool Chand and 5 Others — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Additional Commissioner-II, Varanasi Division to conclude Restoration Case No. RST/2324 of 2022 within three months of production of a certified copy of the order, after full opportunity of hearing to the parties.

Issue for consideration

Whether a direction should be issued for expeditious disposal of the restoration application (Case No. RST/2324 of 2022) pending before the Additional Commissioner-II, Varanasi Division.

Court's answer

The writ petition is disposed of with a direction to the Additional Commissioner-II, Varanasi Division to conclude the proceedings of the restoration application within three months from the date a certified copy of the order is produced, after giving full opportunity of hearing to the parties concerned.

Ratio / Principle

Ancillary directions forming part of the disposal: if lawyers do not cooperate (including by abstaining from work), the court concerned shall permit personal appearance of the parties; on non-appearance, intimation of the proceedings may be sent to affected parties through the S.H.O. concerned; the parties' substantial rights shall not be adversely affected by lawyers' non-cooperation, and the matter shall be disposed of strictly in accordance with law on the material on record.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Vinod Diwakar, J.), WRIT - C No. 18201 of 2023, Anubhav Kumar Srivastava and 2 others v. Phool Chand and 5 others, decided 26.5.2023 (Neutral Citation 2023:AHC:118564): Petition under writ jurisdiction seeking expeditious disposal of restoration application Case No. RST/2324 of 2022 pending before the Additional Commissioner-II, Varanasi Division, disposed of with a direction to conclude the proceedings within three months from production of a certified copy of the order, after full opportunity of hearing to the parties. Where lawyers abstain from work or otherwise do not cooperate, the court concerned may permit personal appearance of the parties and send intimation through the S.H.O. concerned; the parties' substantial rights must not be adversely affected by lawyers' non-cooperation, and the matter is to be decided strictly in accordance with law on the material on record.

Neutral Citation No. - 2023:AHC:118564

Court No. - 26

Case :- WRIT - C No. - 18201 of 2023

Petitioner :- Anubhav Kumar Srivastava And 2 Others Respondent :- Phool Chand And 5 Others Counsel for Petitioner :- Sunil Dubey Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi

Hon'ble Vinod Diwakar,J.

Heard Sri Sunil Dubey, learned counsel for the petitioners and perused the record.

The petitioners have filed the instant writ petition seeking direction for expeditious disposal of restoration application bearing Case No.RST/2324 of 2022, (Computerized Case No.C202214000002324) pending disposal before the court of Additional Commissioner-II, Varanasi Division.

In view of the above, having heard learned counsel for the petitioners and having perused the record, this petition is disposed of with a direction to the Additional Commissioner-II, Varanasi Division, Varanasi to conclude the proceedings of the aforesaid case within a period of three months from the date a certified copy of this order is produced before him, after giving full opportunity of hearing to the parties concerned.

In case the lawyers do not cooperate with the proceedings either on account of abstaining from work or otherwise, the court concerned shall permit the personal appearance of the parties to address the merits of the case; in case of non-appearance of the parties, the intimation to the affected parties about the present proceedings may be sent through S.H.O. concerned. However, the authority/court concerned shall take special care of the fact that the party's substantial rights may not be adversely affected on account of the non-cooperation of the lawyers. The matter above shall be disposed of strictly in accordance with the law, taking care of the statutory provisions and after critically analyzing the material available on record.

Order Date :- 26.5.2023

Anil K. Sharma

Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad