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2025 DAILYLAW 136777 (ALL)

CHANDRIKA PRASAD AND OTHERS v. TEHSILDAR (JUDICIAL), TEHSIL AKBARPUR, AMBEDKAR NAGAR AND ANOTHER

A227/2450/2025 · 2025-04-29

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24423 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2450 of 2025 Petitioner :- Chandrika Prasad And Others Respondent :- Tehsildar (Judicial), Tehsil Akbarpur, Ambedkar Nagar And Another Counsel for Petitioner :- Durga Prasad 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):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the opposite party No.1 i.e. the Tehsildar (Judicial) Akbarpur, Tehsil Akbarpur, District Ambedkar Nagar to expeditiously decide restoration application dated 6.8.2020 (Chandrika Prasad & Others Versus Budhi Ram) for recall of the order dated 19.3.2019 in Case No.05911 of 2018, under Section 34 of U.P. Revenue Code, 2006 (Budhi Ram Versus Neemar)regarding the land situated in Vilage Ahariya, Pargana and Tehsil Akbarpur, District Ambedkar Nagar, pending in the Court of opposite party No.1, in accordance with law, within time stipulated by this Hon'ble Court." Considering the facts and circumstances of the case, period of pendency of the recall application in issue dated 06.08.2020 and also the age of the petitioners, 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/Tehsildar (Judicial) Akbarpur, Tehsil Akbarpur, District Ambedkar Nagar to consider and decide the recall application in issue dated 06.08.2020 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