Disposed

Indra Dev Nishad v. State of U.P. and 6 Others

Allahabad HC17 Mar 2023WRIC/5688/2023

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What is this about?

Single Judge disposed of a writ petition seeking expeditious disposal of a pending case under the U.P. Zamindari Abolition & Land Reforms Act, directing authorities to conclude proceedings within six months.

What did the court decide?

Direction to respondent Sub Divisional Magistrate to conclude proceedings of Case No.409 of 2016 expeditiously within six months from the date order is produced.

Indra Dev Nishad Vs State of U.P. and 6 Others — Service and Employment | Allahabad HC (2023)

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Court No. - 52

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Case :- WRIT - C No. - 5688 of 2023

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Petitioner :- Indra Dev Nishad Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Manoj Kumar Counsel for Respondent :- C.S.C.,Sudhir Bharti

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Hon'ble Kshitij Shailendra,J.

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Heard Shri Manoj Kumar, learned counsel for the petitioner, learned Standing Counsel representing the State-respondents and Shri Sudhir Bharti, learned counsel for the respondentGaon Sabha

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This writ petition has been filed seeking expeditious disposal of Case No.409 of 2016 (Computerized Case No.T201605200302734) under Section 229-B of the 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. It is further submitted that earlier the proceedings under Section 229-B were finalised, however, in appeal, the matter was remanded and pursuant to that, the aforesaid case is pending since 2019.

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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, Tehsil-Rudrapur, District-Deoria 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 :- 17.3.2023 Jyotsana

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

Indra Dev Nishad v. State of U.P. and 6 Others

Case brief

What is this about?

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Indra Dev Nishad v. State of U.P. and 6 Others

Case brief

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