Disposed

Kuddus Ansari v. State of Up and 4 Others

Allahabad HC28 Jul 2024WRIC/24215/2024

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a direction for the expeditious disposal of a pending suit causing delay since 2016. The Court dispensed with notice and directed the Sub Divisional Magistrate to decide the suit within six months.

What did the court decide?

Respondent No. 2 directed to decide Suit No. 47 of 2016 within six months from the date of production of certified copy of order.

Kuddus Ansari Vs State of Up and 4 Others — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:121794

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Court No. - 50

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Case :- WRIT - C No. - 24215 of 2024 Petitioner :- Kuddus Ansari Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Ram Mani Upadhyay,Sandip Kumar Agrahari Counsel for Respondent :- C.S.C.,Pradeep Singh

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Hon'ble Ashutosh Srivastava,J.

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Heard learned counsel for the petitioner, learned Standing Counsel for the State Respondents.

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Considering the nature of the order proposed to be passed notice upon the private respondents is hereby dispensed with.

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At the very outset, learned counsel for the petitioner submits that his case bearing Suit No. 47 of 2016 "Saimulla and Others Vs. State of Uttar Pradesh and Another", under Section 144 of U.P. Land Revenue Code, is pending consideration before the Respondent No. 2-Sub Divisional Magistrate, Lalganj, District Mirzapur and the purpose of filing present writ petition shall stand served if the appropriate directions are issued to the Respondent No. 2 to conclude and decide the suit of the petitioner pending since the year 2016 2022, within the time frame fixed by this Court.

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Learned counsel representing the respondents have no objection the aforesaid proposition.

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This Court is also of the opinion that no useful purpose would be served by keeping the writ petition pending and the same is accordingly disposed of by requiring the Respondent No. 2-Sub Divisional Magistrate, Lalganj, District Mirzapur, seized with the Suit No. 47 of 2016 to consider and decide the suit expeditiously, preferably within a period of six months, from the date of production of certified copy of order of this Court, strictly in accordance with law.

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Needless to say that this Court has not expressed any opinion on the merits of the case and it shall be open for the Respondent No. 2 to pass appropriate orders, strictly in accordance with law.

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Order Date :- 29.7.2024/VS

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Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad

Kuddus Ansari v. State of Up and 4 Others

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Kuddus Ansari v. State of Up and 4 Others

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