Disposed

Alamdar Hussain v. Sub District Magistrate Utraulla, Balrampur and Others

Allahabad HC12 Mar 2024A227/1215/2024

Case brief

AI extract

What is this about?

This petition under Article 227 sought direction to the SDM Utraulla to decide an appeal under the U.P. Revenue Code expeditiously. The single-judge bench dispensed with notice to private respondents and disposed of the petition, directing the authority to decide within two months without unnecessary adjournments without adjudicating the matter on merits.

What did the court decide?

Direction to opposite party no. 1 to consider and decide the pending appeal under section 35(2) of the U.P. Revenue Code expeditiously within two months, affording full hearing opportunity, without un

Alamdar Hussain vs Sub District Magistrate Utraulla… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:21422

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 1215 of 2024 Petitioner :- Alamdar Hussain Respondent :- Sub District Magistrate Utraulla, Balrampur And Others Counsel for Petitioner :- Vijay Kumar Tiwari Counsel for Respondent :- C.S.C.

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Hon'ble Saurabh Lavania,J.

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Learned State Counsel has placed instruction which bears signature of SDM Utraulla, Balrampur dated 11.03.2024,which is taken on record.

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Heard.

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

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The present petition has been filed for the following main relief:-

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"i) Direct the 1- Sub-District Magistrate Utraulla, Bairampur to consider and decided the appeal no. 202108100301602, Alamdar Husain versus Ranno Bano and others under section 35(2) of the U.P. Revenue Code expeditiously within short and reasonable period and further be pleased to direct the opp. parties not raise the construction during pendency of the appeal in the interest of justice."

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Based upon the instructions received from the presiding officer concerned, learned State Counsel says that the case would be decided expeditiously preferably within a period of two months.

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In view of the aforesaid, nothing remains to be adjudicated and this Court feels that no fruitful purpose would be served in keeping the present petition pending. Accordingly, the present petition is disposed of with direction to opposite party no.1, to consider and decide the pending case in issue, quoted in the prayer clause, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably within a period of two months from the next date fixed before it.

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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 petition is disposed of.

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Order Date :- 12.3.2024 Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Alamdar Hussain v. Sub District Magistrate Utraulla, Balrampur and Others

Case brief

What is this about?

What did the court decide?

Alamdar Hussain v. Sub District Magistrate Utraulla, Balrampur and Others

Case brief

What is this about?

What did the court decide?

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