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2025 DAILYLAW 125338 (ALL)

ZAHIRA BANO @ ZAHIDA KHATOON v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT., LKO. AND OTHERS

A227/1039/2025 · 2025-02-25

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11699 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 1039 of 2025 Petitioner :- Zahira Bano @ Zahida Khatoon Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others Counsel for Petitioner :- Haider Abbas Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondents No.3 to 5 is dispensed with. By means of the instant petition, the petitioner seeks expeditious disposal of her recall application dated 16.03.2023 filed in Mutation Case No.RST/1798/2010-2011, Computerized Case No.T201004040200141, under Section 34 of the U.P. Revenue Code, 2006 pending before the respondent No.2. It is submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided. Learned standing counsel has drawn the attention of the Court to the extract of the order-sheet and has pointed out that in majority of the dates, the proceedings before the respondent No.2 could not advance on account of the resolution passed by the Members of the Bar abstaining from judicial work. At this stage, it is submitted submits that the petitioner is ready to furnish an undertaking to the effect 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.2 to consider and decide the pending recall application dated 16.03.2023 filed in Mutation Case No.RST/1798/2010-2011, Computerized Case No.T201004040200141 most expeditiously, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably as expeditiously as possible. 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 respondent No.2 shall decide the aforesaid recall application strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 25.2.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench