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2025 DAILYLAW 135533 (ALL)

AWADHESH BAHADUR SINGH v. TAHSILDAR, TAHSIL KUNDA, PRATAPGARH AND 2 OTHERS

A227/2298/2025 · 2025-04-22

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22522 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2298 of 2025 Petitioner :- Awadhesh Bahadur Singh Respondent :- Tahsildar, Tahsil Kunda, Pratapgarh And 2 Others Counsel for Petitioner :- Dileep Singh Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner and learned State counsel. 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 an order or direction to the Opposite Party No.1 i.e. Tahsildar, Tahsil- Kunda, District- Pratapgarh, to decide the recall application dated 19.11.2022 filed by opposite party no 3 in the mutation proceeding bearing Case No. 4907/2022 (Computerized Case No. T202202570104907), "Awadhesh Bahadur versus Ram Lakhan", Under Section 34 of U.P. Revenue Code 2006, which is pending before him, expeditiously within a stipulated period as fixed by this Hon'ble Court. (contained as Annexure No.3)." Considering the facts and circumstances of the case and period of pendency of the application in issue as well as the fact that proceedings in issue are summary in nature and being so, the same should be decided expeditiously, 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/Tahsildar, Tahsil- Kunda, District- Pratapgarh to consider and decide the recall application in issue dated 19.11.2022, indicated in prayer clause quoted above, 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 two 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 :- 22.4.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench