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2025 DAILYLAW 128922 (ALL)

GANGA PRASAD DUBEY v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT., LKO. AND OTHERS

A227/1527/2025 · 2025-03-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16347 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1527 of 2025 Petitioner :- Ganga Prasad Dubey Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others Counsel for Petitioner :- Ram Suphal,Amit Kumar Verma Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard learned Counsel for the parties. In view of the order proposed to be passed by this Court, notice to the private-respondents is dispensed with. The present petition has been filed for the following main relief:- "(i) Directing the opposite party no. 2 to expeditiously decide the Computerized restoration case no. T202504040400776, (Ayodhya Prasad and others versus Gram Panchayat and others) filed under section 116 of Uttar Pradesh Revenue Code, 2006 within the stipulated time which is pending before the opposite party no. 2 since 06.06.2022, in the interest of justice." Learned Counsel for the petitioners submitted that a partition suit instituted by the petitioners was dismissed for want of prosecution on 27.10.2023 and thereafter an application bearing Computerized restoration case no. T202504040400776 (Ayodhya Prasad and others versus Gram Panchayat and others) was preferred for recall of order dated 27.10.2023 and the same is pending disposal till date and on account of pendency of the application in issue, the petitioners are suffering great hardship and mental agony. In these circumstances, the indulgence of this Court is required. The prayer is to expedite the said pending proceedings. Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending. Accordingly, in the ends of justice the opposite party No.-2 is directed to consider and decide the pending recall application, detailed above, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably within a period of three months from the next date fixed before it, if there is no other legal impediment in this regard. 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 :- 21.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench