Disposed

Akhilesh Upadhyay v. State of U.P. and Another

Allahabad HC21 Feb 2023WRIC/6002/2023

Case brief

AI extract

What is this about?

This petition sought a direction for the expeditious disposal of a specific mutation case invoking Section 34/35 of the U.P. Revenue Code-2006. The petitioner alleged serious prejudice due to pendency. The court disposed of the petition by directing the Tehsildar to conclude proceedings within three months.

What did the court decide?

Direction to the Tehsildar to conclude the proceedings of Mutation Case No. 1365 of 2021 expeditiously within three months.

Akhilesh Upadhyay Vs State of U.P. and Another — Land Acquisition | Allahabad HC (2023)

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Court No. - 43 Case :- WRIT - C No. - 6002 of 2023 Petitioner :- Akhilesh Upadhyay Respondent :- State of U.P. and Another Counsel for Petitioner :- Upendra Upadhyay Counsel for Respondent :- C.S.C.

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Hon'ble Kshitij Shailendra,J.

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Heard Sri Abdul Allam Ansari, Advocate, holding brief of Sri Upendra Upadhyay, learned counsel for the petitioner and Ms. Shikha Dixit, learned Standing Counsel representing the respondents 1 and 2.

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This writ petition has been filed seeking expeditious disposal of Mutation Case No. 1365 of 2021 (Computerized Case No. T2021142901365) (Akhilesh Upadhyay Vs. Sushila Devi), under Section 34/35 of the U.P. Revenue Code-2006 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-Tehsildar, Tehsil Sevrai, District Ghazipur to conclude the proceedings of the aforesaid case expeditiously, preferably, within a period of three 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 noncooperation 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 :- 21.2.2023 CS/-

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

Akhilesh Upadhyay v. State of U.P. and Another

Case brief

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Akhilesh Upadhyay v. State of U.P. and Another

Case brief

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