RAM MOORAT v. SUB DIVISIONAL OFFICER, TEHSIL KUNDA, DISTRICT PRATAPGARH AND 6 OTHERS
A227/2801/2025 · 2025-05-12
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139541 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139541 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27595 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2801 of 2025 Petitioner :- Ram Moorat Respondent :- Sub Divisional Officer, Tehsil Kunda, District Pratapgarh And 6 Others Counsel for Petitioner :- Dileep Singh Counsel for Respondent :- C.S.C.,Pankaj Gupta 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):-
"(I) To direct the opposite party No.1 i.e. Sub Divisional Officer, Tehsil - Kunda, District Pratapgarh to decide the recall application dated 16.08.2019 along with application under section 5 of limitation Act filed by petitioner for recalling the
order dated 02.05.1990 bearing Case No. T202502570105690 "Vindeshwari Prasad and another Vs. Gaon Sabha, under section 122-B (4-F) of U.P. Zamindari Abolition & Land Reforms Act, pending before him, expeditiously within a stipulated period as fixed by this Hon'ble Court. (contained as Annexure No.1)" Considering the facts and circumstances of the case, period of pendency of the recall application in issue dated 16.08.2019 and also that the petitioner is a very old person aged about 70 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.1/Sub Divisional Officer, Tehsil - Kunda, District Pratapgarh to consider and decide the recall application dated 16.08.2019 filed by the petitioner along with application under section 5 of limitation Act 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 :- 12.5.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench