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HAMID RAZA KHAN versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Hamid Raza Khan v. State Of U.P. & Others - WRIT - C No. 56425 of 2006 [2006] RD-AH 17617 (12 October 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Anjani Kumar, J.

Heard learned counsel for the parties.

The petitioner, by means of present writ petition under Article 226 of the Constitution of India, has prayed for the following reliefs :

"(I) issue a writ order or direction in the nature of mandamus commanding he respondent no. 2 and directing him to decide the suit No. 48/05, Hamid Raza Khan Vs. Saddique Raza Khan and others, U/S 176 of Z.A. & L.R. Act within specific time.

(II) issue any other writ, order or direction of a suitable nature, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.

(III) Allow the writ petition with cost to the petitioner."

In view of settled law of this Court that this Court should not exercise discretion of directing the trial Court to decide the suit within the time frame, the reliefs claime

d for by the petitioner cannot be granted.  However, in the facts and circumstances of the case, the trial Court is directed to decide the suit No. 48 of 2005  Hamid Raza Khan Vs. Saddique Raza Khan and others, U/s 176 of Z.A. & L.R. Act, expeditiously.

With the aforesaid direction, this writ petition is finally disposed off.

Dated: 12.10.2006.

Rks/56425.06.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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