The Court granted a direction to the Tehsildar to conclude proceedings of Case No.3335 of 2021 within four months to prevent prejudice to the petitioner's rights, allowing personal appearance if lawyers do not cooperate.
Direction to Tehsildar to conclude the pending case within four months.
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Court No. - 43 Case :- WRIT - C No. - 40517 of 2022 Petitioner :- Shyamnarayan Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Shahrum Khan Counsel for Respondent :- C.S.C.
Hon'ble Kshitij Shailendra,J.
Heard Shri Mohammad Shahrum Khan, learned counsel for the petitioner and Shri Sanjeev Pandey, learned Standing Counsel representing the State-respondents.
This writ petition has been filed seeking expeditious disposal of Case No.3335 of 2021 (Computerized Case No. T- 202114290303335) (Shyamnarayan Singh v. Nandkishor & Ors.), under Sections 34/35 of the U.P. Revenue Code-2006 within stipulated period.
Learned counsel for the petitioner submits that pendency of the aforesaid case is causing serious prejudice to the rights of the petitioner and, therefore, this Court should issue a direction for expeditious disposal of the case.
Learned Standing Counsel has no serious objection to the prayer made by the learned counsel for the petitioner.
In view of the above, having heard the learned counsel for the parties and having perused the record, this petition is disposed of with a direction to the respondent no.2-Tehsildar (Judicial), Tehsil Zamania, District-Ghazipur to conclude the proceedings of the aforesaid case 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.
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.
Order Date :- 22.2.2023 Jyotsana
Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether a direction for expeditious disposal of a pending proceeding under the U.P. Revenue Code-2006 can be issued in a writ petition.
Shyamnarayan Singh
State Of U.P.
Kshitij Shailendra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
