Alok Tandon Vs Court of Addl. District Judge(Prevention of Corruption ACT-5),LUCKNOW and Others

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Neutral Citation No. - 2024:AHC-LKO:24798

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 1262 of 2024

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Petitioner :- Alok Tandon

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Respondent :- Court Of Addl. District Judge(Prevention Of Corruption Act-5),Lucknow And Others Counsel for Petitioner :- Dipak Seth,Ankita Srivastava

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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, notice(s) to respondents No. 2 to 4 is dispensed with, as no prejudice would be caused to them if an expedite order is passed.

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Present petition has been filed with the following main prayer:-

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"It is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the opposite party No.1 to decide the Misc Case No.158 of 2011 (Alok Tandon vs. Extate of Late Dr. K. N. Tandon and Others) under Section 276 of the Indian Succession Act, 1925 expeditiously in a time bound manner."

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With regard to the main relief, quoted above, Mr. Dipak Seth, learned counsel for the petitioner submitted that the petitioner, who is a senior citizen aged about 63 years, instituted a Case under Section 276 of the Indian Succession Act, 1925 (in short the 'Act of 1925) in the year 2011, which is pending in the Court of Additional District Judge (Prevention of Corruption Act- 5), Lucknow (respondent no.1) as Misc. Case No. 158 of 2011 (Alok Tandon vs. Estate of Late Dr. K. N. Nandan and Others) and in this case the Trial Court, after taking note of the fact that the matter is ripe for hearing, vide order dated 19.07.2016, posted the matter for final arguments fixing the date 27.08.2016, however, on 27.08.2016, the arguments could not be advanced by the counsel for the parties as the Court was

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vacant. Thereafter, several dated were fixed for arguments on account of the Court being vacant. Written argument was filed on 16.07.2018 by the applicant and thereafter again several dated were fixed, as appears from Annexure No.1 to the present writ petition, for arguments but arguments could not be concluded on one pretext and other and ultimately on 15.01.2020, the arguments in part were heard and the matter was posted to 15.02.2020 and thereafter again in the case several dated were fixed for arguments.

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Counsel for the petitioner further submitted that thereafter, for a certain period, the case could not be taken up on account of Covid pandemic.

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He also submitted that in view of aforesaid background of the case, particularly, in view of the pendency of the case in issue, i.e about 13 years, as also the fact that the petitioner is a senior citizen and the case in issue relates to the Act of 1925 and is at the stage of final arguments, an appropriate order be passed so that the case be decided at the earliest, including the order to decide the case within the stipulated time, as may be fixed by this Court.

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Upon due consideration of the aforesaid, particularly, the period of pendency of the case, as also that the case is at the stage of final arguments and the petitioner is a senior citizen aged about 63 years, the present petition is disposed of with a direction to the respondent no.1- Additional District Judge (Prevention of Corruption Act- 5), Lucknow, to decide the case in issue, i.e., Misc Case No.158 of 2011 (Alok Tandon vs. Extate of Late Dr. K. N. Tandon and Others) under Section 276 of the Indian Succession Act, 1925, expeditiously, in accordance with law, after providing proper opportunity of hearing to the parties to the litigation, if there is no other legal

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impediment, preferably within a period of six months from the next date fixed in the case, i.e., 04.04.2024, as indicated by the counsel for the petitioner.

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It is made clear that the 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 :- 20.3.2024 (Manoj K.)

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

Alok Tandon v. Court of Addl. District Judge(Prevention of Corruption ACT-5),LUCKNOW and Others

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Alok Tandon v. Court of Addl. District Judge(Prevention of Corruption ACT-5),LUCKNOW and Others

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