Disposed

Bhaiya Lal and Another v. State of U.P. and 16 Others

Allahabad HC21 Apr 2023WRIC/8532/2023

Case brief

AI extract

What is this about?

The High Court disposed of this writ petition by directing the Commissioner, Varanasi, to expedite pending revision proceedings under the U.P. Zamindari Abolition Act. A four-month timeline was set, with instructions to ensure property rights are protected if lawyers fail to cooperate.

What did the court decide?

Directed the respondent Commissioner to conclude the pending revision proceedings expeditiously within four months.

Bhaiya Lal and Another Vs State of U.P. and 16 Others — Land Acquisition | Allahabad HC (2023)

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Court No. - 52

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Case :- WRIT - C No. - 8532 of 2023

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Petitioner :- Bhaiya Lal And Another Respondent :- State Of U.P. And 16 Others Counsel for Petitioner :- Vivek Kumar Mishra,Anand Kumar Chaubey

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Counsel for Respondent :- C.S.C.,Bipin Bihari Pandey,Brijesh Ojha

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Hon'ble Kshitij Shailendra,J.

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1 . Heard learned counsel for the petitioners and learned Standing Counsel representing the State-respondents.

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2 . The proceedings under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act-1950 were decided ex-parte according to the learned counsel for the petitioner. The petitioner moved a recall application which was also rejected, against which, the revision has been filed which is pending in the court of respondent no.2.

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3. This writ petition has been filed seeking expeditious disposal of Revision No.C-201814000001135 of 2018 under Section 331 of the U.P. Zamindari Abolition & Land Reforms Act-1950 within stipulated period.

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4 . 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.

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5. Learned Standing Counsel has no serious objection to the prayer made by the learned counsel for the petitioner.

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6 . 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-Commissioner, Varanasi, Division-Varanasi 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.

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7. In case, the lawyers do not cooperate with the proceedings either on account of abstainment from work or otherwise, the court

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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.

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Order Date :- 21.4.2023 Jyotsana

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Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad

Bhaiya Lal and Another v. State of U.P. and 16 Others

Case brief

What is this about?

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Bhaiya Lal and Another v. State of U.P. and 16 Others

Case brief

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