This petition sought expeditious disposal of a pending case. The court directed the judicial Tehsildar to conclude proceedings within five months, allowing personal appearance if lawyers fail to cooperate to protect property rights.
Direction to Tehsildar (Judicial) to conclude proceedings of Computerized Case No. T20115440100060 within five months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 52
Case :- WRIT - C No. - 7285 of 2023
Petitioner :- Karimuddin Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sunil Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Kshitij Shailendra,J.
Heard Sri Sunil Kumar Srivastava, learned counsel for the petitioner and learned Standing Counsel representing the State-respondents.
This petition has been filed seeking expeditious disposal of Computerized Case No. T20115440100060 (Prem Prakash Yadav Vs. Ali Mohammad) within a 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 of with a direction to the Tehsildar (Judicial), Tehsil Khadda, District Kushinagar (respondent no.2) 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.
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 :- 23.3.2023 AKShukla/-
Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the case should be disposed of expeditiously within a stipulated period to prevent prejudice?
Karimuddin
State Of U.P.
4 Others
Kshitij Shailendra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
