Disposed

Jitendra and 2 Others v. State of U.P. and 4 Others

Allahabad HC21 Apr 2023WRIC/9170/2023

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What is this about?

The Court issued a direction for the expeditious disposal of a pending recall application within three months to prevent prejudice to the petitioners' property rights, allowing personal appearance if lawyers default.

What did the court decide?

Direction to Sub-Divisional Magistrate to conclude proceedings expeditiously within three months; permission for personal appearance if lawyers do not cooperate.

Jitendra and 2 Others Vs State of U.P. and 4 Others — Property and Title | Allahabad HC (2023)

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Court No. - 52

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Case :- WRIT - C No. - 9170 of 2023

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Petitioner :- Jitendra And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjai Kumar Singh Counsel for Respondent :- C.S.C.,Sudhir Bharti

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Hon'ble Kshitij Shailendra,J.

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

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This writ petition has been filed seeking expeditious disposal of recall application no.Ka/21/94/18 filed by the petitioners in Case No.RST/413/2014 (Computerized Case No.T2014054404413) (Jitendra Vs. Gorakhnath) under Sections 33/39 of U.P. Land Revenue Act, 1901, related to Arazi No.335, Area 0.64 hectares, situated at Village Nera Khadar, Tehsil Kasya, District Kushinagar, within stipulated period.

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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.

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

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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-Sub-Divisional Magistrate, Tehsil Kasya, District Kushinagar to conclude the proceedings of the aforesaid case expeditiously, preferably, within a period of three 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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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 noncooperation 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

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Atul

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Jitendra and 2 Others v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Jitendra and 2 Others v. State of U.P. and 4 Others

Case brief

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What did the court decide?

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