Disposed

Anand Kumar and Another v. State of U.P. Thru. Prin. Secy., Deptt. of Home, Lucknow and Others

Allahabad HC25 Apr 2024/2013/2024

Case brief

AI extract

What is this about?

In a writ petition under Article 227, the Court clarified that it cannot grant directions for mediation where no litigation is pending. Parties must approach the Mediation & Conciliation Centre directly or seek directions via the pending review application.

What did the court decide?

The instant writ petition was disposed of with directions to approach the pending review for mediation or directly approach the Mediation & Conciliation Centre.

Anand Kumar and Another Vs State of U.P. Thru. Prin… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:32401

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 2013 of 2024

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Petitioner :- Anand Kumar And Another

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Respondent :- State Of U.P. Thru. Prin. Secy., Deptt. Of Home, Lucknow And Others Counsel for Petitioner :- Pawan Kumar,Bhoomika Bajpai Counsel for Respondent :- C.S.C.

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Hon'ble Alok Mathur,J.

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

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By means of the present writ petition, the petitioners have sought a direction to the mediation centre to resolve the issues between the petitioners and the respondent nos. 3 and 4.

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It is stated by the learned counsel for the petitioners that it seems that there is a property related dispute existing between the petitioners and the respondent nos. 3 and 4 and it seems that there are chances of settlement.

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It is further submitted that the matter has finally reached upto the stage of Board of Revenue and by means of order dated 6.7.2023, the proceedings were decided in favour of the petitioners, but the review filed by the petitioners is still pending.

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It has been submitted by the learned counsel for the petitioners that the petitioners had filed a writ petition before this Court bearing Matters Under Article 227 No. 6491 of 2023 which was disposed of by this Court by means of order dated 22.12.2023 wherein the Board of Revenue was directed to decide the interim relief application in the pending review application within a period of one month from the date of production of a certified copy of the order and the parties were directed to maintain status quo. Subsequently, an application for review has been filed by the respondents wherein notices have been issued and Civil Misc. Review Application Defective No. 33 of 2024 is still pending.

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In any view of the matter, the Allahabad High Court has a mediation and conciliation centre which endeavours to settle disputes on references made by this Court in pending matters. In disputes which are at pre-litigation stage, mediation can be

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undertaken by the Mediation and Conciliation Centre, Lucknow. Even if there is no litigation pending between the parties, it is open for the parties to directly approach the Mediation & Conciliation Centre with an application for resolving their disputes through the process of mediation in terms of the Pre-Litigation Settlement Scheme of the Mediation & Conciliation Centre, Allahabad High Court, Lucknow. Directions for mediation can be given by the Court only in pending litigation and where there is no litigation pending, the parties can directly approach the Mediation & Conciliation Centre and accordingly, the directions sought by the petitioners cannot be granted by this Court.

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However, it is always open for the petitioners to move an appropriate application in the pending review application bearing Civil Misc. Review Application Defective No. 33 of 2024 and seek appropriate directions from the Court for reference of the dispute for mediation.

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With the aforesaid directions, the instant writ petition is disposed of.

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Order Date :- 25.4.2024 Shravan

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(Alok Mathur, J.)

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

Anand Kumar and Another v. State of U.P. Thru. Prin. Secy., Deptt. of Home, Lucknow and Others

Case brief

What is this about?

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Anand Kumar and Another v. State of U.P. Thru. Prin. Secy., Deptt. of Home, Lucknow and Others

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