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2025 DAILYLAW 129083 (ALL)

BABULAL v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT., LKO. AND OTHERS

A227/1504/2025 · 2025-03-20

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16030 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1504 of 2025 Petitioner :- Babulal Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others Counsel for Petitioner :- Vinod Kumar Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. 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):- "A) Issue a order or direction to opposite party No.03 to decide the Recall application dated 23.12.2023 filed by petitioner in Case No.1735/2021, Computerized Case No.T202104230401735 Gram Sabha Vs Babulal, Under Section-67 of U. P. Revenue Code 2006, for Recall of Ex-parte order dated 27.09.2023 passed by opposite party no. no.03. related to Village-Kaurah, Pargana- Khandasa, Tehsil- Milkipur. District Ayodhya (Faizabad), pending before him since 23.12.2023,contained as Annexure No.01, within some stipulated time. B) Issue a order or direction to set aside the order dated 27.09.2023 passed by opposite party No.03 in Case No.1735/2021, Computerized Case No.T202104230401735 Gram Sabha Vs Babulal, Under Section-67 of U. P. Revenue Code 2006, related to Village-Kaurah, Pargana- Khandasa. Tehsil- Milkipur, District- Ayodhya (Faizabad) and also provide the benefit of Rule-68 of U.P. Revenue Code Rules, 2016, contained as Annexure No.04 to the petition. C) Issue a order or direction to opposite parties to not create any hindrance in peaceful possession of petitioner over the land in question till disposal of the Recall Application filed by petitioner related to Village Kaurah, Pargana-Khandasa, Tehsil- Milkipur, District- Ayodhya (Faizabad)." Considering the facts and circumstances of the case, period of pendency of the recall application in issue dated 23.12.2023 and also that the petitioner is a very old person aged about 95 years, 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 respondent No.3/Tehsildar, Tehsil- Milkipur, District- Ayodhya to consider and decide the recall application in issue dated 23.12.2023 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 :- 20.3.2025/Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench