Disposed

Deenanath and Another v. State of U.P. and 2 Others

Allahabad HC9 Jul 2024WRIC/18496/2024

Case brief

AI extract

What is this about?

In this writ petition, this Court directed the Tehsildar of Tehsil Gola, District Gorakhpur to decide a pending case under Section 34 of U.P. Land Revenue Act, 1901 within three months, granting no adjournments without cause.

What did the court decide?

Direction to Tehsildar, Tehsil Gola, to decide Case No. T201905310702427 within three months without unnecessary adjournments.

Deenanath and Another vs State of U.P. and 2 Others — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:111632

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Court No. - 34

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Case :- WRIT - C No. - 18496 of 2024

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Petitioner :- Deenanath And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satish Kumar Counsel for Respondent :- C.S.C.

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Sri Satish Kumar, learned counsel for the petitioners, Sri Awadhesh Kumar Patel, learned Standing Counsel representing the respondent Nos. 1 & 2 and perused the record.

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The instant writ petition has been filed, inter alia, for the following relief:

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"(i) Issue a writ, order or direction in the nature of mandamus to decide the case No. T201905310702427 (Phoolmati and another vs. Anirudhh) under Section 34 of U.P. Land Revenue Act, 1901, pending before the learned Tehsildar, Tehsil Gola, District Gorakhpur as expeditiously as possible or within the stipulated period as may be fixed by this Hon'ble Court in accodance with law, so that justice be done."

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Learned counsel for the petitioners submits that the case under Section 34 of Land Revenue Act, 1901 is pending for disposal since 2019 before the respondent No.2.

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Learned Standing Counsel submits that he has no objection to the extent that a direction is issued by this Court for expeditious disposal of the case within stipulated period as to be fixed by this Court.

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In view of the nature of the order proposed to be passed, the service of notice upon the respondent No. 3 is dispensed with.

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Taking into consideration the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping this writ petition pending.

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Accordingly, without adverting on merits of the case and with the consent of the parties, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Tehsildar, Tehsil Gola, District Gorakhpur (respondent No. 2), before whom the aforementioned matter is pending for disposal, to decide the Case No. T201905310702427 (Phoolmati and another vs.

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Anirudhh) under Section 34 of U.P. Land Revenue Act, 1901, strictly in accordance with law, by a reasoned and speaking order on merit after affording opportunity of hearing to the parties concerned, expeditiously and preferably within a period of three months from the date of receipt of a certified copy of this order, unless there is any legal impediment. It is further directed that no unnecessary adjournments will be granted to either of the parties.

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With the aforesaid direction, the present writ petition is disposed of.

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Order Date :- 9.7.2024 Sumaira

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Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad

Deenanath and Another v. State of U.P. and 2 Others

Case brief

What is this about?

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Deenanath and Another v. State of U.P. and 2 Others

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