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2025 DAILYLAW 142868 (ALL)

SHIV NANDAN VERMA v. SUB DIVISIONAL OFFICER TEHSIL HAIDERGARH BARABANKI AND 10 OTHERS

A227/3498/2025 · 2025-05-30

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:33639 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3498 of 2025 Petitioner :- Shiv Nandan Verma Respondent :- Sub Divisional Officer Tehsil Haidergarh Barabanki And 10 Others Counsel for Petitioner :- Anil Kumar Yadav,Devansh Singh Chauhan,Manoj Kumar Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record. In view of order proposed to be passed, issuance of notice to the private- respondents is hereby dispensed with. The instant petition has been preferred seeking following main relief:- "(I). Issue a direction to the opposite party no.1 i.e Sub Divisional Officer, Haidergarh, District Barabanki to decide recall application dated 11.07.2024 pending in Case No.5100/2014, Computerized No. T20140412055100 (Shivnandan Versus Pradeep Kumar & others) within a stipulated time as prescribed by the Hon'ble Court contained as Annexure No.6 to this petition." Taking note of the facts of the case as appears from the record including that the suit filed in the August, 2014 under Section 176 of U.P. Z.A. & L.R. Act, 1950, was finally decided on 06.11.2023 and in relation to the said order the application in issue is pending consideration since 11.07.2024, the present petition is disposed of with a direction to the respondent No.1/Sub Divisional Magistrate, Tehsil - Haidergarh, District Barabanki to consider and decide the application for recall dated 11.07.2024 pending in Case No.5100/2014, Computerized No. T20140412055100 (Shivnandan Versus Pradeep Kumar & others) along with application for condonation of delay within two months after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party. 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 :- 30.5.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench