Disposed

Smt. Janka v. Court of Sub Divisional Magistrate Tehsil Distt. Unnao and Others

Allahabad HC24 May 2024/2569/2024

Case brief

AI extract

What is this about?

In this Article 227 writ petition, the High Court permitted the petitioner to correct a typographical error regarding the statute cited in the prayer. The court disposed of the matter without adjudication on merits, granting liberty to file an urgency application for the long-pending suit.

What did the court decide?

Permited to amend prayer clause; petition disposed with liberty to move urgency application for early disposal of pending suit.

Smt. Janka Vs Court of Sub Divisional Magistrate Tehsil… — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:39440

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Court No. - 18

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Case :- MATTERS UNDER ARTICLE 227 No. - 2569 of 2024

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Petitioner :- Smt. Janka Respondent :- Court Of Sub Divisional Magistrate Tehsil Distt. Unnao And Others Counsel for Petitioner :- Santosh Kr. Yadav Warsi,Deepesh Kumar Yadav,Shekhar Singh,Zeba Maroof Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey

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Hon'ble Manish Kumar,J.

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At the very outset, learned counsel for the petitioner has submitted that due to inadvertence and typographical error, the name of the Act in the prayer clause has wrongly been transcribed as U.P.Z.L.R. Act whereas it should be U.P. Revenue Code, 2006, thus, petitioner may be permitted to make necessary amendment/correction in the prayer clause of the writ petition during the course of the day.

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Learned Standing Counsel has no objection to the prayer made by the petitioner.

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As prayed, learned Counsel for the petitioner is permitted to make necessary amendment/correction in the prayer clause of the writ petition during the course of the day.

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Present petition has been preferred to direct the respondent no. 1-Sub Divisional Magistrate, Tehsil Bangarmau, District Unnao to decide the suit of the petitioner bearing Computerized Case No. T201910690600875 (Smt. Janka Vs. Gaon Sabha) under Section 144 of the U.P. Land Revenue Code, 2006, which is pending since the year 2019 within the time fixed by this Court.

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It is further submitted that the case of the petitioner under Section 144 of U.P. Land Revenue Code, 2006 is pending since the year 2019 and as per Paragraph-458 (1) of the Revenue Code Manual, respondent no. 1 is to decide the suit within a period of one year and in case of petitioner, period of one year has already expired.

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On being specifically asked from learned counsel for the petitioner that whether petitioner has preferred any urgency application for early disposal of the suit pending under Section 144 of the Code, 2006 by showing urgency in the matter before the Court concerned, it has been replied by learned counsel for the petitioner that no such application has been preferred before

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the Court concerned and petitioner has approached this Court directly for deciding the case expeditiously.

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At this stage, learned counsel for the petitioner has submitted that present petition may be disposed of with a liberty to the petitioner to move an urgency application for early disposal of the suit pending under Section 144 of the Code, 2006 before the Court concerned and if any such application is preferred by the petitioner the same may be decided within the stipulated time fixed by this Court.

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

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On the request of learned counsel for the petitioner and without entering into the merit of the case, the present petition is disposed of with liberty to the petitioner to move an urgency application for early disposal of the aforesaid case, which is pending since the year 2019 before respondent no. 1. If any such urgency application is preferred, it is expected that respondent no. 1 shall decide the urgency application expeditiously in accordance with law, after giving opportunity of hearing to the parties concerned and without providing any unnecessary adjournment to either of the parties.

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Order Date :- 24.5.2024 Ashish

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Janka v. Court of Sub Divisional Magistrate Tehsil Distt. Unnao and Others

Case brief

What is this about?

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Smt. Janka v. Court of Sub Divisional Magistrate Tehsil Distt. Unnao and Others

Case brief

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