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Lovlesh Kumar v. State Of U.p.thru.collector Pratapgarh And 3 Others

Lovlesh Kumar v. State Of U.p.thru.collector Pratapgarh And 3 Others

(High Court Of Judicature At Allahabad, Lucknow Bench)

WRIT - C No. - 590 of 2022 | 04-02-2022

Mohd. Faiz Alam Khan,J.

1. The case is taken up through video conferencing as the Court is working through virtual mode.

2. Heard Shri Rajeev Narayan Pandey, learned counsel for the petitioner as well as Shri Hemant Kumar Pandey, learned Standing Counsel for the respondent nos.1 and 2 and Shri Pankaj Gupta appearing for respondent no.3 and perused the record.

3. The instant writ petition has been filed by the petitioner claiming the following reliefs:-

"(i) To issue a writ order in the nature of certiorari for quashing of Case No. 07593/2018 (computerized case no. T201802570107593), registered on 15.11.2018 "Gonta Devi Versus Lovlesh Kumar and others" under Section 116 U.P. Revenue Code pending before the respondent no.2 i.e. Sub Divisional Magistrate, Pratapgarh, which is annexed as Annexure No.1 to this Petition.

(ii) To issue suitable order or direction, directing the learned court below to decide the Case No. 07593 / 2018 (Computerized Case No. T201802570107593) "Gonta Devi Versus Lovlesh Kumar and others" pending before the respondent no.2 expeditiously as soon as possible.

(iii) To issue suitable, order or direction in any nature which this Hon'ble Court may deem, fit just and proper under the circumstances of the case."

4. Learned counsel for the petitioner at the outset submits that he is confining his submissions only with regard to the prayer no.2 i.e. for issuing any suitable order or direction to the court below to dispose of Case No. 07593 of 2018 "Gonta Devi Versus Lovlesh Kumar and others" pending before the respondent no.2 at the earliest, within stipulated period by this Court.

5. Learned counsel for the petitioner submits that the above mentioned case is pending before the respondent no.2 since 2018 and sufficient progress in the direction of disposal of the same has not been made.

6. Learned Standing Counsel as well as learned counsel appearing for Gaon Sabha fairly submit that they would not be having any objection if any direction pertaining to expeditious disposal of the case pending before the respondent no.2 is issued.

7. Having regard to the order intended to be passed by this Court, issuance of notice to the private respondent is hereby dispensed with as any direction pertaining to the expeditious disposal of the case pending before the respondent no.2 would also be in their interest.

8. Thus, having regard to all the facts and circumstances of the case, the writ petition is finally disposed of in terms that the respondent no.2 shall make all out efforts to dispose of above mentioned case pending in his court as expeditiously as possible, strictly in accordance with law.

9. It is further provided that as the direction of expeditious disposal of the case is being passed on the petition preferred by the petitioner who is an opposite party before the court below, he (petitioner/ defendant), namely Lovlesh Kumar shall file an undertaking before the court below in writing that he will pursue his case before the court below even when the members of the local Bar Association would be on strike.

10. It is made clear that this Court has not considered the merits of the case.

11. In view of the recent surge in Covid-19 cases and having regard to the fact that the Court is working virtually, it is directed that the parties may file a computer generated copy of this order, which may be downloaded from the official website of this Court, after self attesting it by learned counsel for the petitioner before the authority concerned. The concerned court / authority / official shall be further under duty to verify the authenticity of the computerized copy of the order so filed by the parties from the official website of this Court and shall make a declaration in writing that the same has been verified.

Advocate List
  • Rajeev Narayan Pandey, Rama Kant Dixit

  • C.S.C.,Pankaj Gupta

Bench
  • Hon'ble Justice Mohd. Faiz Alam Khan
Eq Citations
  • LQ
  • LQ/AllHC/2022/2778
Head Note

A. Constitution of India — Art. 226 — Dismissal of writ petition with directions — Case pending since 2018 — Respondent no.2 directed to dispose of case expeditiously — Notice to private respondent dispensed with — Merits of case not considered — Revenue Laws — U.P. Revenue Code, 2006, S. 116