Allahabad High Court
Ramji And Another vs Ram Dular And 2 Others on 4 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 52 Case :- WRIT - C No. - 7623 of 2023 Petitioner :- Ramji And Another Respondent :- Ram Dular And 2 Others Counsel for Petitioner :- Sadaqat Ullah Khan Counsel for Respondent :- Azad Rai Hon'ble Kshitij Shailendra,J.
Learned counsel for the petitioner is directed to implead "State of U.P. through concerned Secretary" as "respondent no.4" in the array of parties during the course of the day.
Heard Shri Sadaqat Ullah Khan, learned counsel for the petitioners, learned Standing Counsel representing the State-respondents and Shri Azad Rai, learned counsel for the respondent no.3-Gaon Sabha.
This writ petition has been filed seeking expeditious disposal of Case No.226 of 2020 (Ramji & Anr. v. Ram Dular & Ors.).
Learned counsel for the petitioner submits that pendency of the aforesaid case is causing serious prejudice to the rights of the petitioner and therefore this Court should issue a direction for expeditious disposal of the case.
Learned Standing Counsel has no serious objection to the prayer made by the learned counsel for the petitioner.
From the perusal of order sheet, it appears that since registration of this case, no substantive order has been passed including issuance of notice to the concerned defendants.
In view of the above, having heard the learned counsel for the parties and having perused the record, this petition is disposed of with a direction to the Sub Divisional Magistrate, Phoolpur, Prayagraj to conclude the proceedings of the aforesaid case expeditiously, preferably, within a period of nine months from the date a certified copy of this order is produced before him, after giving full opportunity of hearing to the parties concerned.
In case, the lawyers do not cooperate with the proceedings either on account of abstainment from work or otherwise, the court concerned shall permit personal appearance of the parties to address it on the merits of the aforesaid case. However, the authority/court concerned shall take special care of the fact that the property rights of the parties may not be adversely affected only on account of non-cooperation of the lawyers and the aforesaid matter shall be disposed of strictly in accordance with law, taking care of the statutory provisions and after making critical analysis of the material available on record.
Order Date :- 4.4.2023 Jyotsana