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2025 DAILYLAW 129646 (ALL)

SHAMSUDDIN v. ADDITIONAL DISTRICT MAGISTRATE JUDICIAL, BALRAMPUR AND OTHERS

A227/1646/2025 · 2025-03-26

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17229 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1646 of 2025 Petitioner :- Shamsuddin Respondent :- Additional District Magistrate Judicial, Balrampur And Others Counsel for Petitioner :- Ashok Kumar Mishra Counsel for Respondent :- C.S.C. 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):- "Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to direct to the Additional District Magistrate (Judicial) Balrampur (Opposite Party No. 1) to decide the Recall Application dated 22.12.2023 filed by O.P.No. 3 in Case No D202208100000687 / 2024 (Samsudeen versus Atul Kumar and others) (Contained as Annexure No. 1) within time specified by this Hon'ble Court as earliest as possible." Considering the facts and circumstances of the case, period of pendency of the recall application in issue dated 22.12.2023 and also that the petitioner is a very old person aged about 69 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.1/Additional District Magistrate (Judicial), Balrampur to consider and decide the recall application in issue dated 22.12.2023 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. 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 :- 26.3.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench