Disposed

Nepal Singh v. State of U P and 2 Others

Allahabad HC2 Mar 2023WRIC/4903/2023

Case brief

AI extract

What is this about?

This single-judge writ petition sought an order for the expeditious disposal of a pending case under the U.P. Zamindari Abolition Act. The High Court directed the Sub Divisional Magistrate to conclude the case within six months and permitted personal appearance of parties if lawyers failed to cooperate.

What did the court decide?

Direction to conclude the pending case expeditiously within six months; permission for personal appearance if lawyers do not cooperate.

Nepal Singh Vs State of U P and 2 Others — Land Acquisition | Allahabad HC (2023)

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Court No. - 10

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Case :- WRIT - C No. - 4903 of 2023

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Petitioner :- Nepal Singh Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Krishna Dev Mishra,Manmohan Sachdeva Counsel for Respondent :- C.S.C.,Sunil Kumar Singh

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Hon'ble Kshitij Shailendra,J.

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Heard Shri K.D. Mishra, learned counsel for the petitioner and Shri Rajesh Kumar Singh, learned Standing Counsel representing the State-respondents. Shri Sunil Kumar Singh, learned counsel has accepted notice on behalf of respondent no.3-Gram Sabha.

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This writ petition has been filed seeking expeditious disposal of Case No.RST/6043/2021 (Computerized Case No. T- 202111270106043) (Nepal v. State of U.P.), under Section 229(B) of U.P. Zamindari Abolition & Land Reforms Act-1950 within stipulated period.

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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.

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Learned Standing Counsel has no serious objection to the prayer made by the learned counsel for the petitioner.

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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-Sub Divisional Magistrate (Judicial), Tehsil-Sadar, District-Gautam Budh Nagar to conclude the proceedings of the aforesaid case expeditiously, preferably, within a period of six 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

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law, taking care of the statutory provisions and after making critical analysis of the material available on record.

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Order Date :- 2.3.2023 Jyotsana

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

Nepal Singh v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

Nepal Singh v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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