Disposed

Azad Ali Ansari v. Naib Tehsildar Akbarpur Distt. Ambedkar Nagar and 2 Others

Allahabad HC5 Mar 2024/1122/2024

Case brief

AI extract

What is this about?

In a writ petition under Article 227, the High Court dispensed with notice to respondents and directed the Naib Tehsildar to decide a restoration application within three months via a hearing without adjournment.

What did the court decide?

Direction to Naib Tehsildar to decide the restoration application within three months including condonation of delay issue after hearing parties.

Azad Ali Ansari Vs Naib Tehsildar Akbarpur Distt… — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:20602

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 1122 of 2024

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Petitioner :- Azad Ali Ansari

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Respondent :- Naib Tehsildar Akbarpur Distt. Ambedkar Nagar And 2 Others Counsel for Petitioner :- Rakesh Kumar Srivastava,Veerendra Kumar Tiwari

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Counsel for Respondent :- C.S.C.

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Hon'ble Saurabh Lavania,J.

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Heard.

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In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.

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By means of this petition, the petitioner has sought the following main relief:

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"Issue a direction to the opposite party No.1, i.e., Naib Tehsildar, Akbarpur, Distritct- Ambedkar Nagar for deciding the Restoration Application bearing Case No. 5442 (Computerised Case No. T202104040105442) filed by opposite party no. 3 under Section 209 of U.P. Revenue Code, 2006 for setting aside the order dated 17.11.2020 passed by Naib Tehsildar, Akbarpur, Ambedkar Nagar in Case No. 03777 (Azad Ali Ansari Vs Krishna Kumar) under Section 34 of U.P. Revenue Code, 2006, relating to Khasra No.121 area 0.0220 hectare out of total area 0.3440, situated in Village- Rasoolabad Haujpatti, Pergana & TehsilAkbarpur, District- Ambedkar Nagar, within the stipulated time as may be fixed by this Hon'ble Court."

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It is stated that the Mutation Case No. 03777 (Azad Ali Ansari vs. Krishna Kumar) was decided vide order dated 17.11.2020 and thereafter on coming to know about the said order, respondent no.3-Narendra Kumar preferred an application for recall of order dated 17.11.2020 and restore the case to its original number. This application was instituted on 22.09.2021 and in this application, the applicant had also prayed for condonation of delay in moving the application for recall of order dated 17.11.2020.

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It is also stated that order dated 17.11.2020 is favourable to to petitioner and on account of pendency of application for recall in issue, the petitioner is suffering great hardship and mental agony, as such, the main relief sought is with regard to the prayer for expeditious disposal of application in issue.

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No serious objection has been raised by learned State Counsel to the aforesaid.

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Considering the facts and circumstances of the case; as also the period of pendency of the application in issue; as also that as per Rule 34(7) of U.P. Revenue Code Rules, 2016 made under the U.P. Revenue Code, 2006, the mutation proceedings, being summary in nature, should be decided within 45 days if there is no dispute, and if there is dispute, then the same should preferably be decided within 90 days, this petition is disposed of with a direction to the respondent No.1- Naib Tehsildar, Akbarpur, District- Ambedkar Nagar to consider and decide the Restoration Application in Case No. 5442 (Computerised Case No. T202104040105442) including the issue of condonation of delay, after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either of the parties, within a period of three months from the next date fixed in the case, if there is no other legal impediment in this regard.

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It is made clear that this Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law.

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With the aforesaid, the present petition is disposed of.

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Order Date :- 5.3.2024 Manoj K.

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Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Azad Ali Ansari v. Naib Tehsildar Akbarpur Distt. Ambedkar Nagar and 2 Others

Case brief

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Azad Ali Ansari v. Naib Tehsildar Akbarpur Distt. Ambedkar Nagar and 2 Others

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