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2025 DAILYLAW 122240 (ALL)

GUDIYA AND ANOTHER v. NAIB TAHSILDAR SIDDHAUR, TAHSIL HAIDERGARH, BARABANKI AND ANOTHER

A227/624/2025 · 2025-02-07

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8010 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 624 of 2025 Petitioner :- Gudiya And Another Respondent :- Naib Tahsildar Siddhaur, Tahsil Haidergarh, Barabanki And Another Counsel for Petitioner :- Mukesh Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioners. Notice on behalf of the respondent No.1 has been accepted by the office of the Chief Standing Counsel. In view of the order proposed to be passed by this Court, notice to the private-respondent No.2 is dispensed with. By means of the instant petition, the petitioners seek expeditious disposal of restoration/recall application dated 26.07.2023 pending in Mutation Case No.T201804120502778 (Gudiya & Another Vs Gangaram) pending before the respondent No.1. Learned standing counsel submits that he has no objection in case an expedite order is passed. At this stage, learned counsel for the petitioner submits that the petitioner is ready to furnish an undertaking that the petitioner will not seek any unnecessary adjournment and shall also cooperate in the early disposal of the aforesaid case. Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.1 to consider and finally decide the restoration/recall application dated 26.07.2023 pending in Mutation Case No.T201804120502778 (Gudiya & Another Vs Gangaram) as expeditiously as possible, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties. The petitioner shall also furnish an undertaking, as mentioned above, along with a copy of this order. In case, if the petitioner does not furnish the aforesaid undertaking, then the petitioner shall not be entitled to the benefit of this order. It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 7.2.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench