Chinni and 4 Others Vs State of U.P. and 3 Others — Allahabad HC (2023) — LawSathi Research

Chinni and 4 Others Vs State of U.P. and 3 Others — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Direction issued to the Tehsildar/Naib Tehsildar concerned to conclude Mutation Case No.262/1192 (Prabhawati & Ors. v. Samdeva) expeditiously, preferably within four months from production of a certified copy of the order, after full opportunity of hearing; with liberty for personal appearance of parties if lawyers abstain, and a mandate that property rights not suffer due to lawyers' non-cooperation.

Issue for consideration

Whether the Court should direct expeditious disposal of the pending Mutation Case No.262/1192 (Prabhawati & Ors. v. Samdeva) under Section 34 of the U.P. Revenue Code-2006 within a stipulated period, its pendency causing serious prejudice to the petitioner's rights.

Court's answer

The petition is disposed of with a direction to the Tehsildar/Naib Tehsildar concerned to conclude the proceedings of Mutation Case No.262/1192 expeditiously, preferably within four months from the date a certified copy of the order is produced before him, after giving full opportunity of hearing to the parties concerned.

Ratio / Principle

If the lawyers do not cooperate with the proceedings (including abstainment from work), the court concerned shall permit personal appearance of the parties to address it on the merits of the case.

Key takeaways

The authority/court concerned must ensure that the property rights of the parties are not adversely affected merely on account of non-cooperation of the lawyers, and must dispose of the matter strictly in accordance with law and statutory provisions on a critical analysis of the material on record.ratio¶10

Detailed headnote1 paragraphs

Writ petition (WRIT - C No. 6748 of 2023, decided 11.4.2023) seeking expeditious disposal of Mutation Case No.262/1192 (Prabhawati & Ors. v. Samdeva) under Section 34 of the U.P. Revenue Code-2006. Hon'ble Kshitij Shailendra, J. (High Court of Judicature at Allahabad) disposed of the petition, directing the Tehsildar/Naib Tehsildar concerned to conclude the proceedings expeditiously, preferably within four months from the date a certified copy of the order is produced, after full opportunity of hearing. Where lawyers abstain from work or otherwise fail to cooperate, the court shall permit personal appearance of the parties; the parties' property rights shall not be adversely affected solely due to lawyers' non-cooperation, and the matter shall be decided strictly in accordance with law on critical analysis of the record.

Court No. - 52

Case :- WRIT - C No. - 6748 of 2023

Petitioner :- Chinni And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Kumar Counsel for Respondent :- C.S.C.

Hon'ble Kshitij Shailendra,J.

Heard Shri Ashish Kumar, learned counsel for the petitioner and learned Standing Counsel representing the State-respondents.

This writ petition has been filed seeking expeditious disposal of Mutation Case No.262/1192 (Prabhawati & Ors. v. Samdeva) under Section 34 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 off with a direction to the Tehsildar/Naib Tehsildar concerned 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 :- 11.4.2023 Jyotsana

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