Allowed

Gulabi Devi v. State of U.P. and 16 Others

Allahabad HC22 Mar 2023WRIC/6127/2023

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking direction for expeditious disposal of a pending case under the U.P. Revenue Code. The petitioner successfully secured a direction for the Sub Divisional Magistrate to conclude proceedings within one year and ensure personal appearance if lawyers fail to cooperate.

What did the court decide?

Direction to respondent No. 2 to conclude the pending proceedings expeditiously within one year and permit personal appearance of parties if lawyers do not cooperate.

Gulabi Devi Vs State of U.P. and 16 Others — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 52

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Case :- WRIT - C No. - 6127 of 2023

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Petitioner :- Gulabi Devi Respondent :- State Of U.P. And 16 Others Counsel for Petitioner :- Ramanuj Yadav Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi

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Hon'ble Kshitij Shailendra,J.

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Heard Shri Ramanuj Yadav, learned counsel for the petitioner, learned Standing Counsel representing the State-respondents as well as Shri Bhupendra Kumar Tripathi, learned counsel representing the Gaon Sabha.

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This petition has been filed seeking expeditious disposal of Case No. 836 of 2023 (Computerized Case No. T202314360400836) (Gulabi Devi vs State and others), under section 116 of U.P. Revenue Code, 2006 pending before respondent No. 2 Sub Divisional Magistrate, Tehsil Sadar, district Jaunpur.

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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 respondent No. 2 to conclude the proceedings of the aforesaid case expeditiously, preferably, within a period of one year from the date a certified copy of this order is produced before him.

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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 law, taking care of the statutory provisions and after making critical analysis of the

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material available on record.

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Order Date :- 22.3.2023 Sazia

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Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad

Gulabi Devi v. State of U.P. and 16 Others

Case brief

What is this about?

What did the court decide?

Gulabi Devi v. State of U.P. and 16 Others

Case brief

What is this about?

What did the court decide?

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