SANJAY KUMAR SONI v. SUB DIVISIONAL MAGISTRATE, SADAR, PRATAPGARH AND OTHERS
A227/1813/2025 · 2025-04-02
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131288 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131288 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18231 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1813 of 2025 Petitioner :- Sanjay Kumar Soni Respondent :- Sub Divisional Magistrate, Sadar, Pratapgarh And Others Counsel for Petitioner :- Akhilesh Kumar Pandey 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 the opposite party no.1 to decide the recall/restoration application dated 20.10.2023 of the petitioner along with bearing Case No. 4754/2021 "Mayank Shekhar and others Vs. Kaushal Kumar and others" which is pending before the opposite party no.1 as contained in Annexure No.1 to this petition within stipulated time as early as possible, in the interest of justice." Considering the facts and circumstances of the case and period of pendency of the recall/restoration application in issue dated 20.10.2023 and that on account of pendency of the same, the petitioner, as stated, is suffering great hardship and mental agony, 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/Sub Divisional Magistrate, Sadar, Pratapgarh to consider and decide the recall/restoration application in issue dated 20.10.2023 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 :- 2.4.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench