Disposed

Chandrasekhar v. State of U.P. and 4 Others

Allahabad HC3 Oct 2023WRIC/26204/2023

Case brief

AI extract

What is this about?

The court disposed of the writ petition seeking quashing of orders in a land revision matter. The court observed that the petitioner was offered ample opportunity to lead evidence which was unutilized due to the pendency of the writ. The court directed the respondent to consider any future evidence and expedite the proceedings under the L.R. Act within six months.

What did the court decide?

Writ petition disposed of; respondent directed to consider evidence if lead later and expedite proceedings under Section 34 of L.R. Act within six months.

Chandrasekhar Vs State of U.P. and 4 Others — Property and Title | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:189641

¶2

Court No. - 52

¶3

Case :- WRIT - C No. - 26204 of 2023

¶4

Petitioner :- Chandrasekhar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anand Kumar Pandey,Kamini Pandey (Dubey) Counsel for Respondent :- C.S.C.,Ashwani Kumar Mishra

¶5

Hon'ble Saurabh Srivastava,J.

¶6

Heard Smt. Kamini Pandey, learned counsel for petitioner and Sri Vinod Kumar Rai, learned Standing counsel for State respondents and Sri Ashwani Kumar Mishra, learned counsel appearing for respondent no. 5.

¶7

Present petition has been filed seeking following reliefs:

¶8

"a. Issue a writ order or direction in the nature of certiorari calling for the record and quashing the impugned order dated 5-09-2016, passed by the Tehsildar Mehroni, order dated 23-07-2019 passed by Sub Divisional Magistrate and order dated 31.10.2022 passed by Additional Commissioner (Administration) Jhansi Region Jhansi in revision case no. 00831/2019 Chandrasekhar vs. Anil Kumar.

¶9

b. Issue an appropriate direction to the parties regarding the possession of the disputed land."

¶10

It is the admitted fact which has been transpired from the pleadings advanced through the instant petition that petitioner is having rights to lead their evidences before respondent no. 4 for which ample opportunity has already been granted in favour of the petitioner alongwith his real brothers but till today no opportunity has been availed perhaps due to pendency of the instant writ petition. In the order dated 31.10.2022 which has been put under challenged passed by respondent no. 2 while adjudicating the revision preferred by the petitioner under Section 210 of U.P. Revenue Code, 2006, it has been specifically mentioned that petitioner is having sufficient opportunities to lead their evidences and the matter is pending for last 13 years and as such the revision preferred by the petitioner is having no force and the same has been dismissed by the order which impugned the present petition.

¶11

There is hardly any infirmity and illegality available in the order dated 31.10.2022 passed by respondent no. 2. However petitioner is at liberty to lead whatsoever evidences are

¶12

available with them for substantiating their claim before respondent no. 4, if that be so, respondent no. 4 is hereby directed to take it into consideration while adjudicating the proceedings preferred by respondent no. 5 under Section 34 of the L.R. Act and the same shall be expedited for disposal as expeditiously as possible preferably within a period of six months from the date of production of certified copy of this order by way of affording proper opportunity of hearing to all concerns.

¶13

Writ petition stands disposed of accordingly.

¶14

Order Date :- 3.10.2023 Shaswat

¶15

Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Chandrasekhar v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Chandrasekhar v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Asha Devi and Another Vs Additional Commissioner and 4 Others

Suresh Tiwari Vs State of U.P. and 4 Others

Shri Dharmendra Kumar and 6 Others Vs State of U.P. and 3 Others

Mishri Prasad Vs State of U.P. and 3 Others

Kalawati Devi Vs State of U.P. and 4 Others

Rakesh Singh Vs State of U.P. and 14 Others