Disposed

Ghanshyam and 2 Others v. Up Zila Adhikari Kunda Distt. Pratapgarh and 6 Others

Allahabad HC13 Mar 2024/1254/2024

Case brief

AI extract

What is this about?

In a writ petition under Article 227, the Allahabad High Court directed the Up Zila Adhikari to decide a pending demarcation case within three months. The petitioner cited delays violating the three-month rule under the U.P. Revenue Code. The court disposed of the petition and fixed a time limit while dispensing with notice to private respondents.

What did the court decide?

Direction to the Up Zila Adhikari to decide Case No. 1494 of 2021 within three months expeditiously after hearing the parties.

Ghanshyam and 2 Others Vs Up Zila Adhikari Kunda Distt… — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:21794

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 1254 of 2024 Petitioner :- Ghanshyam And 2 Others Respondent :- Up Zila Adhikari Kunda Distt. Pratapgarh And 6 Others Counsel for Petitioner :- Arvind Kumar Tiwari,Ambuj Bajpai,Durgesh Mishra

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Counsel for Respondent :- C.S.C.,Pankaj Gupta

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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 privaterespondent(s) is hereby dispensed with.

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The present petition has been filed for the following main reliefs:-

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"(i) direct the Up Zila Adhikari, Kunda, District Pratapgarh (opposite party no.1) to decide the Case No. 1494 of 2021 "Ghanshyam and Others Versus Rohit and Others" pending before the Court of Up Zila Adhikari, Kunda, District Pratapgarh in accordance with law within a period as fixed by this Hon'ble Court."

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It is stated that as per Section 24(3) of the U.P. Revenue Code, 2006 read with U.P. Revenue Code Rules, 2016 , the demarcation proceedings, being summary in nature, should preferably be decided within a period of three months, however, in the instant case, the application for demarcation has not been decided till date, which is pending since August, 2021 and on account of pendency of the aforesaid case, petitioner is suffering great hardship and mental agony. In these circumstances, indulgence of this Court is required.

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Learned State counsel submits that he has no objection in case an expedite order is passed.

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Considering the facts and circumstances of the case, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the respondent No. 1 to consider and decide the Case No. 1494 of 2021 (Ghanshyam and Others Versus Rohit and Others) most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any unnecessary adjournment to either party preferably within a period of three months from the next date fixed in the case, if possible and 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 petition is disposed of.

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Order Date :- 13.3.2024

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Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Ghanshyam and 2 Others v. Up Zila Adhikari Kunda Distt. Pratapgarh and 6 Others

Case brief

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Ghanshyam and 2 Others v. Up Zila Adhikari Kunda Distt. Pratapgarh and 6 Others

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