Disposed

Srimati Kuntee v. the Court of Sub Divisional Officer Tehsil Musafirkhana Distt. Amethi and 3 Others

Allahabad HC19 Mar 2024A227/1348/2024

Case brief

AI extract

What is this about?

This writ petition under Article 227 sought a direction to the Sub-Divisional Officer to decide an interim relief application expeditiously. The court dispensed with notice and directed the respondent to decide the matter within two months, without examining merits.

What did the court decide?

Direction to respondent Sub Divisional Officer to decide the Interim Relief Application expeditiously within two months, affording full hearing opportunity to parties.

Srimati Kuntee vs the Court of Sub Divisional Officer… — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:24189

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 1348 of 2024 Petitioner :- Srimati Kuntee Respondent :- The Court Of Sub Divisional Officer Tehsil Musafirkhana Distt. Amethi And 3 Others Counsel for Petitioner :- Shyam Bahadur Counsel for Respondent :- C.S.C.

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Hon'ble Saurabh Lavania,J.

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

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"Therefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct to the opposite parties no-1 ie. The Court of Sub-Divisional Officer, TehsilMusafirkhana, District- Amethi for decide expeditiously, the "Application for Stay" filed by Petitioner in her Appeal / Case No- 79 of 2024 [Computerized Case No- T 202404710200079] Srimati Kuntee versus Vinod Kumar and others, Under Section-207 of the Uttar Pradesh Revenue Code, 2006 within a certain time frame as directed by this Hon'ble Court, which is pending in the court of opposite party no- 1, since- 02/01/2024, as contained Annexure No- 1, in the interest of justice."

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Considering the facts and circumstances of the case, as indicated by the learned counsel for the petitioner, including that the appeal in issue has been admitted on 19.12.2023, however, till date no effective order has been passed on the application seeking interim protection, though, as per law, the order ought to have been passed on the application seeking interim protection, 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.1Sub Divisional Officer, Tehsil-Musafirkhana, District-Amethi to consider and decide Interim Relief Application, most expeditiously, after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party preferably within a period of two months from the next date fixed in the case, if possible and if there is no other legal impediment in this regard.

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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 :- 19.3.2024/Vinay/-

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

Srimati Kuntee v. the Court of Sub Divisional Officer Tehsil Musafirkhana Distt. Amethi and 3 Others

Case brief

What is this about?

What did the court decide?

Srimati Kuntee v. the Court of Sub Divisional Officer Tehsil Musafirkhana Distt. Amethi and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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