Disposed

Brijesh Kumar and Another v. State of U.P. and 5 Others

Allahabad HC26 May 2023WRIC/18224/2023

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of a writ petition seeking expedited disposal of an interim application pending before an Assistant Collector in Mainpuri. The court directed the authority to conclude proceedings within three months and ensured parties' rights are protected despite lawyer non-cooperation.

What did the court decide?

Ordered respondent no.2 to conclude proceedings within three months, permitting personal appearance if lawyers do not cooperate.

Brijesh Kumar and Another Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:118539

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Court No. - 26

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Case :- WRIT - C No. - 18224 of 2023 Petitioner :- Brijesh Kumar And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Lavkush Kumar Bhatt,Byas Kumar Prasad

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Counsel for Respondent :- C.S.C.,Avinash Chandra Srivastava

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Hon'ble Vinod Diwakar,J.

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Heard Sri Lavkush Kumar Bhatt, learned counsel for the petitioners and perused the record.

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The petitioner has filed the instant writ petition seeking direction for expeditious disposal of interim application, which is annexed as Annexure No.3 to the writ petition, pending disposal before respondent no.2- Assistant Collector, 1st Class (Revenue), Mainpuri.

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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 respondent no.2- Assistant Collector, 1st Class (Revenue), Mainpuri 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.

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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.

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Order Date :- 26.5.2023/Anil K. Sharma

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

Brijesh Kumar and Another v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Brijesh Kumar and Another v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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