Disposed

Satya Prakash v. Commissioner Varanasi Division and 16 Others

Allahabad HC21 Mar 2023WRIC/6812/2023

Case brief

AI extract

What is this about?

Petitioner filed a writ for expeditious disposal of an appeal pending with the revenue authorities. The court directed the Commissioner to conclude proceedings within five months, allowing personal appearance if lawyers are uncooperative to ensure property rights are not prejudiced.

What did the court decide?

Directed the Commissioner to conclude proceedings expeditiously within five months, permitting personal appearance if lawyers are uncooperative.

Satya Prakash Vs Commissioner Varanasi Division and 16… — Property and Title | Allahabad HC (2023)

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Court No. - 52

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Case :- WRIT - C No. - 6812 of 2023 Petitioner :- Satya Prakash Respondent :- Commissioner Varanasi Division And 16 Others Counsel for Petitioner :- Gajala Srivastava,Manish Counsel for Respondent :- C.S.C.,Nikhil Mishra

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Hon'ble Kshitij Shailendra,J.

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Heard Shri Gajala Srivastava, learned counsel for the petitioner, learned Standing Counsel representing the State-respondents and Shri Nikhil Mishra, learned counsel for the respondent no.3-Nagar Nigam-Varanasi.

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This writ petition has been filed seeking expeditious disposal of Appeal No.2022 (Computerized Case No.C-202214000000796) (Satya Prakash & Ors. v. Ghure Lal & Ors.) under Section 207 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.1-Commissioner, Varanasi, Division-Varanasi to conclude the proceedings of the aforesaid case expeditiously, preferably, within a period of five 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 law, taking care of the statutory provisions and after making critical analysis of the material available on record.

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Order Date :- 21.3.2023 Jyotsana

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

Satya Prakash v. Commissioner Varanasi Division and 16 Others

Case brief

What is this about?

What did the court decide?

Satya Prakash v. Commissioner Varanasi Division and 16 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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