Writ petition seeking expeditious disposal of a pending objection under the U.P. Revenue Code. The court directed the concerned Sub Divisional Magistrate to conclude the proceedings within three months.
Direction to respondent No.2 to conclude the proceedings of Case No. T202215060601720 within three months.
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Court No. - 52 Case :- WRIT - C No. - 6828 of 2023 Petitioner :- Jaggannath Respondent :- State Of U.P. And 46 Others Counsel for Petitioner :- Jyoti Bhushan Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Kshitij Shailendra,J.
Heard Shri Jyoti Bhushan, learned counsel for the petitioner, learned Standing Counsel representing the State-respondents as well as Shri Rameshwar Prasad Shukla, learned counsel representing the Gaon Sabha.
This petition has been filed seeking expeditious disposal of objection dated 04.02.2023 filed in Case No. T202215060601720 (Harish Chandra vs Ram Asre and others), under section 116 of U.P. Revenue Code, 2006 pending before respondent No. 2, Sub Divisional Magistrate, Boodhanpur, district Azamgarh.
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 of with a direction to respondent No.2 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.
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 :- 28.3.2023 Sazia
Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner is entitled to a direction for expeditious disposal of the pending objection under section 116 of U.P. Revenue Code, 2006.
Jaggannath
State Of U.P.
46 Others
Kshitij Shailendra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
