The High Court directed the Tehsildar, Handia, Prayagraj to conclude the pending Revenue proceedings of Case No. 1133 of 2020 expeditiously within five months to prevent prejudice to the petitioners' rights.
Direction to the respondent Tehsildar to conclude the proceedings of Case No. 1133 of 2020 expeditiously within five months.
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Court No. - 52 Case :- WRIT - C No. - 7562 of 2023 Petitioner :- Yusuf Ansari And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dan Bahadur Counsel for Respondent :- C.S.C. Hon'ble Kshitij Shailendra,J.
Heard Shri Dan Bahadur, learned counsel for the petitioners and learned Standing Counsel representing the State-respondents.
This petition has been filed seeking expeditious disposal of Case No. 1133 of 2020 (Mohd. Yusuf Ansari and another vs Mohd. Jahangeer), under section35 of U.P. Revenue Code, 2006 pending before respondent no. 2, Tehsildar, Handia, Prayagraj.
Learned counsel for the petitioners submits that pendency of the aforesaid case is causing serious prejudice to the rights of the petitioners 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 petitioners.
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 five 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 :- 20.3.2023 Sazia
Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the petitioner is entitled to a direction for expeditious disposal of Case No. 1133 of 2020 pending before the Tehsildar.
Whether the court can direct the respondent authority to conclude proceedings within a fixed period to prevent prejudice.
1 provisions across 1 enactments
Yusuf Ansari And Another
State Of U.P. And 2 Others
Kshitij Shailendra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
