Disposed

Ramasharey v. State of U.P. and 17 Others

Allahabad HC26 May 2023WRIC/18233/2023

Case brief

AI extract

What is this about?

Petitioner sought a direction for expeditious disposal of a pending suit under U.P. Revenue Code. Court directed the Sub Divisional Magistrate to conclude proceedings within three months, ensuring substantial rights are protected despite lawyer non-cooperation.

What did the court decide?

Direction to respondent no.2 to conclude suit proceedings within three months from date of order receipt.

Ramasharey Vs State of U.P. and 17 Others — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:118488

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Court No. - 26

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Case :- WRIT - C No. - 18233 of 2023 Petitioner :- Ramasharey Respondent :- State Of U.P. And 17 Others Counsel for Petitioner :- Vinay Kumar Pal Counsel for Respondent :- C.S.C.

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Hon'ble Vinod Diwakar,J.

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Heard Sri Vinay Kumar Pal, learned counsel for the petitioner and perused the record.

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The petitioner has filed the instant writ petition seeking direction for expeditious disposal of Suit No.137 of 2018, (Computerized Case No.T-201807110301522/6/8), under Section 24 of the U.P. Revenue Code, 2006, pending disposal before respondent no.2Sub Divisional Magistrate, Pargana and Tehsil Atarra, District Banda.

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In view of the above, having heard the learned counsel for the petitioner and having perused the record, this petition is disposed of with a direction to the respondent no.2- Sub Divisional Magistrate, Pargana and Tehsil Atarra, District Banda 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

Ramasharey v. State of U.P. and 17 Others

Case brief

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Ramasharey v. State of U.P. and 17 Others

Case brief

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