Disposed

Shrimati Maryam @ Arshi v. Board of Revenue U.P. Thru. Chairman Lko. and 3 Others

Allahabad HC25 May 2024A227/2595/2024

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What is this about?

In a writ petition under Article 227, the High Court disposed of the petition without entering into merits, granting liberty to the petitioner to move an urgency application for early disposal of a pending second appeal before the respondent court.

What did the court decide?

Liberty granted to petitioner to move urgency application for early disposal of pending second appeal; respondent court expected to decide it expeditiously without unnecessary adjournments.

Shrimati Maryam @ Arshi vs Board of… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:39891

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Court No. - 18

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Case :- MATTERS UNDER ARTICLE 227 No. - 2595 of 2024

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Petitioner :- Shrimati Maryam @ Arshi Respondent :- Board Of Revenue U.P. Thru. Chairman Lko. And 3 Others

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Counsel for Petitioner :- Mohd Wajid Irfan,Al Saud Khan Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey,Namit Sharma

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Hon'ble Manish Kumar,J.

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Vakalatnama filed by Sri Gaurav Tripathi, Advocate on behalf of respondent no. 4 is taken on record.

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Heard learned counsel for the parties and gone through the record of the case.

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Learned counsel for the petitioner has submitted that the present writ petition has been preferred for issuing direction to the respondent no. 1-the Chairman, Board of Revenue, Lucknow to decide the Second Appeal No. 86 of 2021 (Computerized Case No. R202110460086) filed under Section 331 (4) of U.P.Z.A. & L.R. Act,1950, which is pending since 21.01.2021, within a stipulated time as this Hon'ble Court may fix.

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On being specifically asked from learned counsel for the petitioner that whether petitioner has preferred any application for early disposal of the second appeal by showing urgency in the matter before the Court concerned, it has been replied by learned counsel for the petitioner that no such application has been preferred before the Court concerned and petitioner has approached this Court directly for deciding the case expeditiously.

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At this stage, learned counsel for the petitioner has submitted that present petition may be disposed of with a liberty to the petitioner to move an urgency application for early disposal of the second appeal before the Court concerned and if any such application is preferred by the petitioner the same may be decided by the respondent no. 1 within the stipulated time fix by this Court.

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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 the petitioner and without entering into the merit of the case, the present petition is disposed of with liberty to the petitioner to move an urgency application for early disposal of aforesaid second appeal, which is pending since 21.01.2021 before respondent no. 1. If any such application is preferred, it is

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expected that respondent no. 1 shall decide the urgency application preferred by the petitioner expeditiously in accordance with law, after giving opportunity of hearing to the parties concerned and without providing any unnecessary adjournment to either of the parties.

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Order Date :- 25.5.2024 Nitesh

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

Shrimati Maryam @ Arshi v. Board of Revenue U.P. Thru. Chairman Lko. and 3 Others

Case brief

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Shrimati Maryam @ Arshi v. Board of Revenue U.P. Thru. Chairman Lko. and 3 Others

Case brief

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