Disposed

Jagdish Narayan Rai v. State of U.P. and 3 Others

Allahabad HC22 Feb 2023WRIC/2177/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ complaint where the petitioner alleged non-disposal and non-registration of an application under Section 101 of U.P. Revenue Code, 2006, after the respondent clarified via affidavit that the case was registered and allotted a number, directing the Deputy Collector to conclude proceedings within four months.

What did the court decide?

Petition disposed; Deputy Collector directed to conclude proceedings of Case No.18790 of 2022 within four months, yielding full hearing opportunity and protecting property rights.

Jagdish Narayan Rai Vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2023)

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Court No. - 43

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Case :- WRIT - C No. - 2177 of 2023

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Petitioner :- Jagdish Narayan Rai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gajala Srivastava,Manish Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi

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Hon'ble Kshitij Shailendra,J.

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Affidavit on behalf of the respondent no.3 is taken on record.

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Heard Sri Manish, learned counsel for the petitioner, Sri Krishna Kant Gupta, learned Standing Counsel for the respondents 1 and 2 and Sri Bhupendra Kumar Tripathi, learned counsel representing the respondent no.3 (Gaon Sabha).

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The grievance of the petitioner is that with regard to non disposal of his application under Section 101 of U.P. Revenue Code, 2006. This Court on 08.02.2023 passed the following order:-

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"Learned counsel for the petitioner submits that application under Section 101 of U.P. Revenue Code has been preferred before the respondent No.3. However till date, the same has neither been registered nor number has been allotted nor respondents are proceeding with the case.

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Learned Standing Counsel shall obtain instruction from respondent No.3 as to why number has not been allotted despite the fact that the case has been filed on 12.5.2022.

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The respondent No.3 shall file his personal affidavit and shall explain why the case has not been registered and what action has been taken against the erring official, who has not registered the case and the proceedings of the case are not being proceeded with.

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List on 22.2.2023 as fresh."

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Today, learned Standing Counsel has filed personal affidavit of Sri Sunil Kumar Bharti, presently posted as Sub-Divisional Magistrate, Sadar, Jaunpur, in paragraph 4 whereof it is stated as follows:-

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"4. That it is respectfully submitted before this Hon'ble Court that an Application under Section 101 of U.P. Revenue Code 2006 has been filed by the petitioner before the Court of S.D.M. Sadar, Jaunpur on 12.5.2022 which was registered as Case No.18790 of 2022 (Computerized Case No.T202214360418790) through online and on the same day the concerned court had made an endorsement to the Tehsildar, Sadar to submit report after enquiry. A copy of the application dated 12.5.2022 as well as copy of

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summary of online order sheet which shows that the number has been allotted to the said application on 12.5.2022 are being annexed herewith and marked as Annexure-PA-1 and PA-2 respectively to this affidavit."

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Keeping in view of the stand taken in the affidavit that the application under Section 101 of the Code has already been allotted computerized number as aforesaid, this petition is disposed of with a direction to the Deputy Collector, Sadar, Jaunpur (Respondent no.3) to conclude the proceedings of Case No.18790 of 2022 (Computerized Case No.T202214360418790 expeditiously, preferably, within a period of four 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 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 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 :- 22.2.2023 AKShukla/-

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

Jagdish Narayan Rai v. State of U.P. and 3 Others

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Jagdish Narayan Rai v. State of U.P. and 3 Others

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