Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 138742 (ALL)

UMASHANKAR v. COURT OF TEHSILDAR, TEHSIL PATTI, PRATAPGARH AND OTHERS

A227/2739/2025 · 2025-05-09

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:27314 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2739 of 2025 Petitioner :- Umashankar Respondent :- Court Of Tehsildar, Tehsil Patti, Pratapgarh And Others Counsel for Petitioner :- Durgesh Mishra,Abhishek Shukla,Manvendra Mishra Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. At the very outset, learned counsel for the petitioner prays for and is permitted to correct the prayer clause of the writ petition, during course of the day. Heard learned counsel for the petitioner, Shri Anurag Kumar Maurya, learned Standing Counsel for the State and perused the record. In view of order proposed to be passed, issuance of notice to the private- respondent is hereby dispensed with. The instant petition has been preferred seeking following main relief:- "(i) to issue an order or direction of suitable nature thereby directing to the Opposite Party No. 1 i.e. The Court of Tehsildar, Tehsil Patti, District Pratapgarh, to decide the recall application pending in Case No. 4215 of 2022, bearing Computerized Case No. T202202570404215; Gramsabha Vs. Ramshiromani, under Section 67 of U.P. Revenue Code, 2006 within a time framed manner, pending since year 2022, within a stipulated period of time, as fixed by this Hon'ble Court." Considering that the case in issue relates to proceedings under Section 67 of the Revenue Code, 2006 which ought to have been decided expeditiously, this Court is of the view that no gainful purpose will be served in keeping the present petition pending as recall application is pending in the case. In view of above, the present petition is disposed of with a direction to the respondent No.1/Tahsildar, Tahsil-Patti, District Pratapgarh to consider and decide recall application in the Case No. 4215 of 2022 (Computerized Case No.T202202570404215) (Gramsabha Vs. Ramshiromani), most expeditiously after affording full opportunity of hearing to the party 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 :- 9.5.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench