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2025 DAILYLAW 109444 (ALL)

AMRAWATI v. State of U.P. AND 2 OTHERS

WRIC/40217/2024 · 2025-02-19

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:25022 Court No. - 34 Case :- WRIT - C No. - 40217 of 2024 Petitioner :- Amrawati Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dilip Kumar Dubey,Sunil Kumar Dubey Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for following relief:- "(i) Issue a writ order or direction in the nature of mandamus commanding and directing the Tehsildar, Tehsil-Badlapur, District-Jaunpur i.e. respondent No.2 to decide the recall application dated 31.10.2023 filed in Case No.RST/2622/2015 (Computer Case No.T-20151436022622) (Smt. Amrawati Devi Vs. Amarnath and others) Under Section 34 of Uttar Pradesh Revenue Code, 1901, pending in the Court of Tehsildar, Tehsil-Badlapur, District-Jaunpur as expeditiously in day to day manner without granting unnecessary adjournment, within a stipulated time as may be fixed by this Hon'ble Court." 3. Contention of learned counsel for the petitioner is that recall application of the petitioner against the order dated 30.10.2023 is pending since 31.10.2023. He prayed that same may be decided expeditiously. 4. No useful purpose would be served in keeping this petition pending. 5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No.2 - Tehsildar, Tehsil-Badlapur, District-Jaunpur to consider and decide the recall application, in accordance with law, expeditiously, preferably within a period of three months from the date of production of a certified copy of this order after ensuring service upon the opposite parties as well as giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment. Order Date :- 20.2.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad