Disposed

Mukesh Kumar and 2 Others v. State of U.P. and 8 Others

Allahabad HC7 Apr 2023WRIC/8054/2023

Case brief

AI extract

What is this about?

A single-paragraph order disposing of a writ petition regarding a pending suit for division of holdings. The High Court directed the Sub Divisional Officer to consider a stay application within two months, ensuring party rights are not adversely affected by lawyer non-cooperation.

What did the court decide?

Directed the Sub Divisional Officer to consider the stay application in the suit and dispose of it within two months.

Mukesh Kumar and 2 Others Vs State of U.P. and 8 Others — Land Acquisition | Allahabad HC (2023)

¶1

Court No. - 52

¶2

Case :- WRIT - C No. - 8054 of 2023

¶3

Petitioner :- Mukesh Kumar And 2 Others Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Prem Kumar Chaurasia Counsel for Respondent :- CSC

¶4

Hon'ble Kshitij Shailendra,J.

¶5

Heard Shri Prem Kumar Chaurasia, learned counsel for the petitioners, learned Standing Counsel for the State-respondents.

¶6

The suit for division of holdings under section 116 of U.P. Revenue Code, 2006 registered as Case No. 93 of 2022 (Arvind Kumar and others vs Chaturbhuj Singh and others), is pending before the Sub Divisional Officer concerned.

¶7

Learned counsel for the petitioners submits that the some parties to the proceedings are raising constructions on the spot and the petitioners have moved stay application dated 30.11.2022 in the aforesaid suit, which is pending.

¶8

Having heard the learned counsel for the parties, this writ petition is being disposed of with a direction to the Sub Divisional Officer concerned to consider the stay application and dispose of the same, after giving full opportunity of hearing to the parties concerned, within a period of two months from the date a certified copy of this order is produced before him.

¶9

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 stay application. 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.

¶10

Order Date :- 7.4.2023 Sazia

¶11

Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad

Mukesh Kumar and 2 Others v. State of U.P. and 8 Others

Case brief

What is this about?

What did the court decide?

Mukesh Kumar and 2 Others v. State of U.P. and 8 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Dhanajit Vs State of U P and 3 Others

Lalta Prasad Vs State of U.P. and 14 Others

Mahendra Prasad Kushwaha and Another Vs State of U.P. and 8 Others

Renu Gupta Vs State of U.P. and 9 Others

Rambaran Vs State of U.P. and 3 Others

Harivansh Vs State of U.P. and 3 Others