Dismissed

Smt. Kailash Patti @ Kailash Kumari v. State of U.P. Thru. Prin. Secy. Revenue, Lucknow and Others

Allahabad HC17 Sept 2024/4428/2024

Case brief

AI extract

What is this about?

In this writ petition under Article 227, the petitioner sought a direction for expeditious disposal of a land restoration application. The Court observed that the delay was attributable to repeated strikes by advocates, not the Tehsildar, and thus dismissed the petition.

What did the court decide?

Direction for expeditious disposal of restoration application

Smt. Kailash Patti @ Kailash Kumari Vs State of… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:63916

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 4428 of 2024

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Petitioner :- Smt. Kailash Patti @ Kailash Kumari Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lucknow And Others Counsel for Petitioner :- Kamlesh Kumar Counsel for Respondent :- C.S.C.,Mohan Singh

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Kamlesh Kumar, the learned counsel for the petitioner, Sri Surendra Kumar Singh, the learned State Counsel representing the respondents no.1 and 2, Sri Vimal Gupta, holding brief of Sri Mohan Singh, the learned counsel for the opposite party no.8 - Gram Sabha, Saidpur, Rasidpur, Pargana - Bihar, Tehsil - Alapur, District - Ambedkar Nagar.

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By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to the Tehsildar, Alapur, District – Ambedkar Nagar for expeditious disposal of his Restoration application filed in Case No.RST/04168/2019, Computerized Case No.T201904040404168, which was filed on 26.10.2023.

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A perusal of the order sheet of the case pending before the Tehsildar indicates that on 26.10.2023, the advocates were on strike and, therefore, the next date was fixed for 22.08.2024.

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At this stage, the learned counsel for the petitioner submitted that the typed copy of order sheet annexed with the petition is not correct. When the Court asked the learned counsel for the petitioner to point out the correct order from the photo copies of the order sheet annexed with the petition, he stated that he has not annexed a copy of the order dated 26.10.2023.

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From perusal of the order sheet of proceedings pending before the Tahsildar annexed with the petition, only this much appears that the application was filed on 26.10.2023, on which date the advocates were on strike. The next date was fixed on 22.08.2024, on which date again, the advocates were on strike. Therefore, the delay in disposal of the proceedings is being caused because of repetitive strikes of the advocates, and the Tahsildar is not to be blamed for the delay.

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In these circumstances, there is no occasion for this Court to issue any direction to the Tehsildar for expeditious disposal of proceedings, which are being delayed for due to strikes of the advocates.

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In view of the aforesaid discussion, the petition is dismissed .

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[Subhash Vidyarthi, J.]

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Order Date :- 17.9.2024 KR

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

Smt. Kailash Patti @ Kailash Kumari v. State of U.P. Thru. Prin. Secy. Revenue, Lucknow and Others

Case brief

What is this about?

What did the court decide?

Smt. Kailash Patti @ Kailash Kumari v. State of U.P. Thru. Prin. Secy. Revenue, Lucknow and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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