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2025 DAILYLAW 123364 (ALL)

MOHANESHWAR PRASAD SINGH @ MONESHWAR PRASAD v. COLLECTOR, LUCKNOW AND OTHERS

A227/725/2025 · 2025-04-01

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18068 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 725 of 2025 Petitioner :- Mohaneshwar Prasad Singh @ Moneshwar Prasad Respondent :- Collector, Lucknow And Others Counsel for Petitioner :- Anil Kumar Tiwari,Ujjawal Tewari Counsel for Respondent :- C.S.C.,Anurag Srivastava Hon'ble Saurabh Lavania,J. Heard. In view of order proposed to be passed, issuance of notice to the private- respondent(s) is hereby dispensed with. The instant petition has been preferred seeking following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the learned Commissioner, Lucknow Division Lucknow to expeditiously decide the Recall/restoration Application dated 27.4.2022 along with application for condonation of delay, bearing Restoration Application No.C-202210000000619, filed in Sale Objection No.94006/93-94/Section 285-I, U.P.Z.A. & L.R. Act (Mohaneshwar Prasad Singh Versus Collector, Lucknow & Others) pending in the court of Commissioner, Lucknow Division, Lucknow, according to law within time stipulated by this Hon'ble Court." Considering the facts and circumstances of the case, including the period of pendency of the recall application filed alongwith delay condonation in issue dated 27.04.2022, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the authority concerned to consider and decide the recall application filed alongwith delay condonation in issue dated 27.04.2022 filed in Sale Objection No.94006/93- 94/Section 285-I, U.P.Z.A. & L.R. Act (Mohaneshwar Prasad Singh Versus Collector, Lucknow & Others), most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party preferably within a period of three months from the next date fixed in the case, if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either party 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 :- 1.4.2025/Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench