Disposed

Shyam Lal and Another v. State of U.P. Thru. Addl. Chief Secy. Deptt. Revenue Civil Sectt. Lko. and 13 Others

Allahabad HC9 Feb 2024/648/2024

Case brief

AI extract

What is this about?

A PIL under Article 227 seeking direction to the Additional Commissioner to decide an interim relief application under the U.P. Revenue Code, 2006, within one month. The court disposed of the petition with a direction for expedited disposal.

What did the court decide?

Direction to respondent No.2 to decide interim relief application expeditiously within one month; direction to respondent No.1 to conclude appeal proceedings within statutory time limit.

Shyam Lal and Another Vs State of U.P. Thru. Addl. Chief… — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:11953

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 648 of 2024

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Petitioner :- Shyam Lal And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Revenue Civil Sectt. Lko. And 13 Others Counsel for Petitioner :- Ram Kumar Singh,Manoj Kumar Shukla

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Counsel for Respondent :- C.S.C.

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Hon'ble Saurabh Lavania,J.

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At the very outset, learned counsel for the petitioners submitted that on account of some defect in the prayer clause he may be permitted to correct the same.

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To the aforesaid, there is no objection.

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Accordingly, learned counsel for the petitioners is permitted to correct the prayer clause during the course of the day.

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In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.

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Present petition has been filed for the following main relief:-

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"Wherefore it is most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the learned Court of Additional Commissioner Lucknow Division, Lucknow to consider and decide the interim relief application in appeal no. 2023100000003993 under section 24(4) Revenue Code 2006; Shyam Lal and another versus Bhajan Lal and others expeditiously on date fixed as 29.02.2024 and till disposal of application the parties are directed to maintain status quo regarding property in question in the interest of justice."

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With regard to main prayer sought, learned counsel for the petitioners stated that the appeal challenging the order dated 25.11.2023 passed in Case No. 21925 of 2022 instituted under Section 24 of the U.P. Revenue Code, 2006, was filed by the petitioners alongwith an application seeking interim protection and the appellate authority admitted the appeal as would appear from the order dated 23.01.2024 annexed at page No. 50-B of the paper book, however, no effective order has been passed by the appellate authority on the application for interim relief. Though, as per law, during pendency of the appeal the rights of the parties should be protected, as such, present petition has been filed.

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Considering the facts of the case including the law on the issue related to disposal of appeal, as per which, appeal of such nature should be decided preferably within a period of six months, this Court is of the view that no fruitful purpose will be served in keeping this petition pending.

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Accordingly, this petition is disposed of with a direction to the respondent No.2-Additional Commissioner, Lucknow Division, Lucknow to consider and decide the Interim relief application, most expeditiously, after affording full opportunity of hearing to the parties to the litigation, within a period of one month from the next date fixed in the case.

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It is also expected that the respondent No.1 shall conclude the proceedings of the appeal in issue as per statutory time limit framed for this purpose.

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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 :- 9.2.2024 Vinay/-

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

Shyam Lal and Another v. State of U.P. Thru. Addl. Chief Secy. Deptt. Revenue Civil Sectt. Lko. and 13 Others

Case brief

What is this about?

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Shyam Lal and Another v. State of U.P. Thru. Addl. Chief Secy. Deptt. Revenue Civil Sectt. Lko. and 13 Others

Case brief

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What did the court decide?

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