In this writ petition, the Court disposed of a request for expediting the disposal of a long-pending revenue case involving property rights, directing the concerned Tehsildar to conclude proceedings within four months.
Direction to the respondent Tehsildar to conclude the proceedings of the pending case expeditiously within four months.
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Court No. - 52
Case :- WRIT - C No. - 8034 of 2023
Petitioner :- Harivansh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satya Priya Mishra,Shiv Saran Yadav Counsel for Respondent :- C.S.C.
Hon'ble Kshitij Shailendra,J.
Heard Shri Satya Priya Mishra, learned counsel for the petitioner and learned Standing Counsel representing the State-respondents.
This writ petition has been filed seeking expeditious disposal of restoration application dated 19.1.2023 in Case No.06388 of 2020 (Computerized Case No.T-202005470106388) (Sirmatti v. Banarasi) 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 respondent no.2-Tehsildar, Sadar, District-Maharajganj 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 :- 7.4.2023
Jyotsana
Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether Court should issue a direction for expeditious disposal of a pending case to prevent prejudice to the petitioner's rights.
Harivansh
State Of U.P.
Hon'ble Kshitij Shailendra,J.
Jyotsana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
