Disposed

Anisha Bano v. State of U.P. Thru. Collector Distt. Amethi and 5 Others

Allahabad HC3 May 2024A227/2199/2024

Case brief

AI extract

What is this about?

This Single Judge Bench disposed of a writ petition moving under Article 227 seeking direction to decide a pending suit under Section 144 of the U.P. Revenue Code, 2006, which had remained pending beyond the one-year statutory period.

What did the court decide?

Liberty to move an urgency application for early disposal of Case No. 3027 of 2022 to the Respondent.

Anisha Bano vs State of U.P. Thru. Collector Distt… — Landlord and Tenant | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:34550

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Court No. - 18

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Case :- MATTERS UNDER ARTICLE 227 No. - 2199 of 2024

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Petitioner :- Anisha Bano Respondent :- State Of U.P. Thru. Collector Distt. Amethi And 5 Others Counsel for Petitioner :- Pravin Singh Counsel for Respondent :- C.S.C.,Mohan Singh

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Hon'ble Manish Kumar,J.

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Heard learned counsel for petitioner as well as learned State Counsel.

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Learned counsel for petitioner has submitted that the present writ petition has been preferred for issuing direction to respondent no. 1, Up Ziladhikari, Tiloi, District Amethi to decide the Case No. 3027 of 2022, Computerized Case No. T202204710803027; 'Mohd. Yakoob versus Smt. Janini and others' filed under Section 144 of the U.P. Revenue Code, 2006 and the same is pending since 16.06.2022.

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Learned State has no objection to the prayer made by learned counsel for petitioner and he has very fairly submitted that as per Paragraph-458 (1) of the U.P. Revenue Code Manual, Rules 2016, which deals with speedy disposal, provides that the Court shall make endeavour to finally decide the suit within a period of one year from the date of institution of the suit and if the suit is not decided within the aforesaid period, the reason for the same shall be recorded. In case of petitioner, one year period has already expired on 16.06.2023.

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On being asked whether any urgency application for early disposal of the case has been preferred before respondent no. 1, learned counsel for petitioner has submitted that no such urgency application for early disposal of the appeal has been preferred by the petitioner and learned counsel for petitioner prays that the present writ petition may be disposed of with liberty to the petitioner to move an urgency application for early disposal of the appeal pending before respondent no. 1 and he may be directed to decide the same within the stipulated time as this Court may fix.

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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 petitioner and without entering into the merits of the case, the writ petition is disposed of with liberty to the petitioner to move an appropriate application before respondent no. 1

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for early disposal of the Case No. 3027 of 2022, Computerized Case No. T202204710803027; 'Mohd. Yakoob versus Smt. Janini and others' filed under Section 144 of the U.P. Revenue Code, 2006. If any such application is preferred along with the certified copy of this order, it is expected that respondent no. 1 shall make an endeavour to decide the urgency application expeditiously, in accordance with law, after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournment to either of the parties.

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Order Date :- 3.5.2024 DiVYa

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Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Anisha Bano v. State of U.P. Thru. Collector Distt. Amethi and 5 Others

Case brief

What is this about?

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Anisha Bano v. State of U.P. Thru. Collector Distt. Amethi and 5 Others

Case brief

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