Ram Prakash vs State Of U.P. Thru Collector And ...
2012 Latest Caselaw 3064 ALL

Citation : 2012 Latest Caselaw 3064 ALL
Judgement Date : 19 July, 2012

Allahabad High Court

Ram Prakash vs State Of U.P. Thru Collector And ... on 19 July, 2012

Bench: Pankaj Mithal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1163 of 2012
 

 
Petitioner :- Ram Prakash
 
Respondent :- State Of U.P. Thru Collector And Others
 
Petitioner Counsel :- Ram Kishor Gupta
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Pankaj Mithal,J.

Heard learned counsel for the petitioner.

Land Acquisition Reference No. 93 of 1989 was decided vide judgment, order and award dated 22.7.1994. In respect of the above award Execution Case No. 3 of 2008 (Ram Prakash Vs. State of U.P. and another) is pending in the court of Additional District Judge Court No1, Hamirpur.

By means of the present writ, petitioner seeks a direction upon the court of Additional District Judge, Hamipur to decide the aforesaid execution case within a time bound period.

In Mangat Ram Tanwar and another Vs. Union of India AIR 1991 SC 1080 the Supreme Court while dealing with a similar kind of problem relating to delay in disposal of the land acquisition cases directed the State Government to decide all land references under Section 18 within a time bound period of three months with the outer limit of six months.

A Division Bench of this Court in Manoj Kumar and others vs. Civil Judge (Junior Division) Deoria (1997) 3 UPLBEC 1767 and others while dealing with the delay in disposal of execution was shocked to note that the execution was being adjourned for the last 7 years and thus expressing displeasure directed for its disposal within two months from the date of presentation of the order before the court concerned. The Court observed that the judiciary exists for the people and not for lawyers and Judges.

In view of the above, the writ petition is disposed of with the direction to the Court concerned i.e. Additional District Judge, Hamirpur to ensure and decide the aforesaid execution case finally in accordance with law, as expeditiously as possible, preferably within a period of six months from the date of production of certified copy of this order.

Order Date :- 19.7.2012

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