Disposed

Afzal Ahmad v. State of U.P. Thru. Addl. Chief Secy. Revenue Lko. and 5 Others

Allahabad HC3 May 2024WRIC/4008/2024

Case brief

AI extract

What is this about?

In this interim order, the Allahabad High Court expressed initial doubt about instructions regarding a dismissed partition application. The court directed specific respondents to file affidavits explaining discrepancies in court record and ordered the matter to be listed for hearing without passing final orders.

What did the court decide?

Notice issued to respondents to file affidavits explaining overwriting in the order sheet; matter listed for further hearing.

Afzal Ahmad vs State of U.P. Thru. Addl… — Civil Procedure and Limitation | Allahabad HC (2024)

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Court No. - 3

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Case :- WRIT - C No. - 4008 of 2024 Petitioner :- Afzal Ahmad

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Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Lko. And 5 Others

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Counsel for Petitioner :- Mohd.Anas Siddiqui

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Counsel for Respondent :- C.S.C.

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.

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Heard Shri Mohd. Anas Siddiqui, learned counsel for the Petitioner and learned Standing counsel for the State- respondents.

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This writ petition has been filed with the following reliefs:-

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(i). issue a writ, order or direction in the nature of mandamus commanding the opposite party No.1/ Additional Chief Secretary Revenue, Civil Secretariat to initiate the disciplinary proceedings against the guilty officials for committing mischievous act with the court's proceedings, in the interest of justice.

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(ii) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to constitute a high level committee and submit the report for taking appropriate action against the guilty officials. "

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It is the case of the petitioner that an application under Section 116 of the U.P. Revenue Code, 2006 was filed for partition by the petitioner on 23.11.2020 where an interim order of maintaining of status quo was issued on 23.11.2020. The case was listed on 18.09.2023 and the next date fixed in the matter was 16.11.2023. However, it was pre-poned and listed without knowledge of the petitioner on 25.10.2023 and was dismissed for want of prosecution in collusion with the private respondents on 25.10.2023.

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Learned Standing Counsel for the State respondents on the basis of instructions sent by Sub Divisional Magistrate, Tanda, District Ambedkar Nagar and Additional District Magistrate (Judicial) dated 02.05.2024 has stated that the petitioner has filed a recall application which is

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pending and the next date fixed in the matter is 09.05.2024.

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We do not find the instructions prima facie., to be worth believing.

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Issue notice to respondent nos. 4 and 5 who shall file their personal affidavits explaining as to why there is over writing in the order sheet, a copy of which has been filed as Annexure 2 to the writ petition and why disciplinary action may not be recommended against them.

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Petitioner shall take steps within one week both ways and file an affidavit of service within two weeks.

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List this matter on 17.05.2024 by which date, if hearing is held on the recall application on 09.05.2024, no final orders shall be passed thereon.

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Order Date :- 3.5.2024

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Pks

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Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench

Afzal Ahmad v. State of U.P. Thru. Addl. Chief Secy. Revenue Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

Afzal Ahmad v. State of U.P. Thru. Addl. Chief Secy. Revenue Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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