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2025 DAILYLAW 131362 (ALL)

YAUGENDRA NATH PATHAK v. NAIB TEHSILDAR, SHAHGANJ, TEHSIL BIKAPUR, AYODHYA AND OTHERS

A227/1831/2025 · 2025-04-03

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18474 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1831 of 2025 Petitioner :- Yaugendra Nath Pathak Respondent :- Naib Tehsildar, Shahganj, Tehsil Bikapur, Ayodhya And Others Counsel for Petitioner :- Bipin Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard Ms. Roli Tripathi, Advocate holding brief of Shri Bipin Kumar Tiwari, learned counsel for the petitioner, Shri Yogesh Kumar Awasthi, learned Standing Counsel for the State/opposite party No.1 and perused the record. In view of order proposed to be passed, issuance of notice to the private-respondent(s), if any, is hereby dispensed with. The instant petition has been preferred seeking following main relief:- "(i) To direct the opposite party no. 1 i.e. learned Naib Tehsildar, Shahganj, Tehsil- Bikapur, District-Ayodhya to decide the recall application filed in Mutation Case No.T202204230303793 Mutation Case No. T202204230303793 filed under Section 34 U.P. Revenue Code, 2006, within stipulated period as it may be directed by this Hon'ble Court in the interest of justice." Considering the fact that the case in issue relates to mutation proceedings and the petitioner is aged about 70 years, this petition is disposed of with a direction to the opposite party No.1 to decide the recall application within a maximum period of three months from the date of production of certified copy of this order, if there is no other legal impediment, after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party. 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 :- 3.4.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench