Disposed

Pankaj Kumar v. Sub Divisional Magistrate, Tehsil Tulsipur, Balrampur and Others

Allahabad HC16 Oct 2024A227/4840/2024

Case brief

AI extract

What is this about?

This writ petition under Article 227 sought direction for the expeditious disposal of a pending declaratory suit (No. 2728 of 2017). The court issued a direction to the Sub-Divisional Magistrate to decide the matter within one year.

What did the court decide?

Direction to the Sub-Divisional Magistrate to decide suit No. 2728 of 2017 expeditiously, preferably within one year.

Pankaj Kumar vs Sub Divisional Magistrate… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:69772

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 4840 of 2024 Petitioner :- Pankaj Kumar Respondent :- Sub Divisional Magistrate, Tehsil Tulsipur, Balrampur And Others

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Counsel for Petitioner :- Sajjad Husain Counsel for Respondent :- C.S.C.,A.S.G,Pankaj Gupta

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Hon'ble Anish Kumar Gupta,J.

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Heard Ms. Shikha Mishra, Advocate holding brief for Shri Sajjad Husain, learned Counsel for the petitioner, Shri Umakant Dixit, learned Standing Counsel for the State and Shri Tushar Gupta, Advocate holding brief for Shri Pankaj Gupta, learned Counsel for the Gaon Sabha.

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This instant petition has been filed with the following relief:-

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"issue an order or direction to the opposite party no. 1 i.e. Sub-Divisional Magistrate, Tehsil - Tulsipur, District - Balrampur, to decide the declaratory suit No. 2728 of 2017 (Computerized No. T20170510760 22728) (Pankaj Kumar Vs. Union of India & Ors.) under Section 144 U.P. Revenue Code, 2006, filed on 12.04.2017 pending before the court of opposite party no. 1 i.e. Sub-Divisional Magistrate, Tehsil - Tulsipur, District - Balrampur, within stipulated time & period as this Hon'ble Court may deem fit and proper in the interest of justice."

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Learned Counsel for the petitioner submits that the declaratory suit no. 2728 of 2017 is pending before the Sub-Divisional Magistrate, Tehsil - Tulsipur, District - Balrampur, since 2017 and the pleadings have already been exchanged in the said matter, therefore, direction for expeditious disposal has been sought.

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Learned Counsel for the State as well as the Gaon Sabha have no objection to the prayer made by the Counsel for the petitioner.

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In view of the above, this Court is of the view that the ends of justice would not be served, if the matter is kept pending. Hence, in view thereof, this instant petition is disposed of with a direction to the Sub-Divisional Magistrate, Tehsil - Tulsipur, District - Balrampur, to decide the aforesaid case no. 2728 of 2017, (Pankaj Kumar Vs. Union of India & Ors.), expeditiously, preferably within a period of one year from the date of production of a certified copy of this order, if there is no other legal impediment.

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Order Date :- 16.10.2024/Lokesh Kumar

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[Anish Kumar Gupta, J.]

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

Pankaj Kumar v. Sub Divisional Magistrate, Tehsil Tulsipur, Balrampur and Others

Case brief

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Pankaj Kumar v. Sub Divisional Magistrate, Tehsil Tulsipur, Balrampur and Others

Case brief

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