The High Court disposed of a writ petition seeking a direction for the expeditious disposal of an appeal pending under the U.P. Revenue Code-2006.
Direction to the respondent Commissioner, Azamgarh Division, to conclude the proceedings of the appeal expeditiously, preferably within four months.
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Court No. - 52
Case :- WRIT - C No. - 9071 of 2023
Petitioner :- Babu Ram Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajiv Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Kshitij Shailendra,J.
Heard Shri Rajiv Kumar Mishra, learned counsel for the petitioner and learned Standing Counsel representing the State-respondents.
This writ petition has been filed seeking expeditious disposal of Appeal No.1296 of 2022 (Computerized Case No.C-202215000001296) (Ramashray Upadhyay v. Baburam) under Section 24(4) 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-Commissioner, Azamgarh Division-Azamgarh 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 :- 13.4.2023
Jyotsana
Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the writ court should direct expeditious disposal of the impugned appeal under Section 24(4) of the U.P. Revenue Code-2006.
1 provisions across 1 enactments
Babu Ram
State Of U.P.
Commissioner, Azamgarh Division-Azamgarh
Kshitij Shailendra
Jyotsana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
