SHAILENDRA KUMAR v. NAYAB TEHSILDAR, SHIVGARH, TEHSIL MAHARAJGANJ, RAIBARELI AND OTHERS
A227/2553/2025 · 2025-05-05
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137633 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137633 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:25698 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2553 of 2025 Petitioner :- Shailendra Kumar Respondent :- Nayab Tehsildar, Shivgarh, Tehsil Maharajganj, Raibareli And Others Counsel for Petitioner :- Suresh Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, Sri Yogesh Awasthi, learned State Counsel and perused the record. In view of the order proposed to be passed by this Court, notice to the private-respondents is dispensed with. The present petition has been filed for the following main relief:-
"i) To, issue a Direction to the Respondent no. 1/ Nayab Tehsildar, Shivgarh, Tehsil - Maharajganj, District Raibareli to decide the Recall /Restoration Application dated 10.10.2023 (Annexure No.1) under section 209(ja) of U.P. Revenue Code, 2006 as well as decide the Mutation Case No. T202310580104136 (Shailendra Kumar vs. Smt. Rama Devi) under section 34 / 35 of U.P. Revenue Code, 2006, pending before him, at an early date after hearing the parties concerned, in a given time frame fixed by this Hon'ble court." Taking note of the fact that recall application in issue, is pending since October 2023, the present petition is disposed of with direction to the respondent No.-1 to consider and decide the pending recall application dated 10.10.2023, in Case No. T202310580104136 (Shailendra Kumar vs. Smt. Rama Devi), after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably within two months from the next date fixed before it, if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either of the parties 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 :- 5.5.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench