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2025 DAILYLAW 136640 (ALL)

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

A227/2414/2025 · 2025-04-29

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24372 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2414 of 2025 Petitioner :- Sarvjeet Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And Others Counsel for Petitioner :- Niyaj Ahmad Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner and Sri Yogesh Kumar Awasthi, 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):- "(i) issue a direction to the opposite party No. 2 i.e. Sub Divisional Officer, Tanda, Ambedkar Nagar to decide the recall/restoration application dated 23.11.2023 filed by the opposite party No. 3 & others in case No. T202304040304915 under section 24 of the U.P. Revenue Code 2006 "Sarvjeet & others Versus Sevaram & others" in respect of Gata No. 186/0.2280 hectare situated at Village- Gannipur, Pargana- Bidahar, Tehsil-Tanda, District- Ambedkar Nagar, pending before him since 23.11.2023 expeditiously within stipulated period as early as possible." Considering the facts and circumstances of the case, period of pendency of the recall/restoration application in issue dated 23.11.2023 and also that the petitioner is aged about 57 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.2/Sub Divisional Officer, Tanda, Ambedkar Nagar to consider and decide the recall/restoration application in issue dated 23.11.2023 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 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 :- 29.4.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench