Masood Ashraf and 2 Others v. Chief Judicial Magistrate Ambedkar Nagar and 3 Others

Allahabad HC22 Jan 2024A227/271/2024

Case brief

AI extract

What is this about?

In a writ petition under Article 227, the High Court refused to issue specific directions due to ambiguity regarding the service of notices on private respondents in a pending appeal. The Court granted liberty to the petitioners to approach the Court below to regularize the proceedings.

What did the court decide?

Liberty granted to petitioners to move the Court below to regularize proceedings and bring facts on record.

Masood Ashraf and 2 Others vs Chief… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:6068

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 271 of 2024

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Petitioner :- Masood Ashraf And 2 Others Respondent :- Chief Judicial Magistrate Ambedkar Nagar And 3 Others Counsel for Petitioner :- Afzal Hasan Counsel for Respondent :- Raj Priya Srivastava

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioners. Notice on behalf of respondent No.2 has been accepted by Shri Raj Priya Srivastava, Advocate.

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The petitioners have approached this Court with limited prayer that an appeal is pending before the Court of Chief Judicial Magistrate, Ambedkar Nagar bearing Misc. Appeal No.9/2021, under Section 3(2)(1) of the U.P. Municipal Corporation Act, 1959.

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It is stated that the said appeal was preferred along with an application seeking condonation of delay on which notices were issued and the main contesting respondent has put in appearance through counsel yet the matter is not being taken up.

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Learned counsel for the petitioners has shown the Court a certified copy of the Vakalatnama said to have been filed in the proceedings before the Court below on behalf of Masoom Ali, however, considering the extracts of the order-sheets which have been brought on record as Annexure No.2, it appears that the order-sheets only records the appearance of Nagar Panchayat and it does not indicate as to whether any of the private-respondent namely Masoom Ali and Mohammad Ahsan have been served or not.

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It is the contention of the learned counsel for the petitioner that the petitioners are the respondents in the appeal which has been filed by Mohammad Ahsan and the Court is issuing notices for remaining respondents.

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Having considered the aforesaid and from the perusal of the extracts of the order-sheets, it is not clear as to whether the private-respondents in the appeal namely Masood Ashraf, Aziz Afzal and Mohammad Azam (who are the petitioners before

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this Court) have filed their Vakalatnama and have been contesting the proceedings.

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In view of the aforesaid, this Court is not inclined to issue any direction, however, liberty is granted to the petitioners to move the Court concerned by making an application bringing the facts to the notice of the Court. In case if any such application is moved, the Court concerned shall take note of it and pass appropriate orders in accordance with law.

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With the aforesaid, the petition is disposed of .

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Order Date :- 22.1.2024 Rakesh/-

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Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench

Masood Ashraf and 2 Others v. Chief Judicial Magistrate Ambedkar Nagar and 3 Others

Case brief

What is this about?

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Masood Ashraf and 2 Others v. Chief Judicial Magistrate Ambedkar Nagar and 3 Others

Case brief

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