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2025 DAILYLAW 162768 (ALL)

SHADAB AHMAD ANSARI AND 2 OTHERS v. STATE OF U.P. THRU. COLLECTOR, BAHRAICH AND 3 OTHERS

A227/5291/2025 · 2025-09-04

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5291 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard learned counsel for the petitioner as well as learned Standing Counsel on behalf of respondents no.1 and 2 and Shri Pankaj Gupta, learned counsel for respondent no.4. 2. In view of the proposed order to be passed, notice to respondent no. 3, is dispensed with. 3. Present petition under Article 227 of the Constitution of India has been filed by the petitioner with the prayer to direct the respondent no.2 i.e. Additional Commissioner, Devi Patan Mandal, Gonda/ opposite party no.2, to decide the Recall Application dated 14.07.2025, against the stay order dated 05.06.2025, in the case / Appeal / computerized Case No. C20508000000684, 4. It has been submitted that opposite party no.3 has filed an appeal/ Computerized Case No. C202508000000684, Shakeel Ahmad Vs. Shadab Ahmad Ansari and others, under Section 331(3) U.P. Z.A. Act, against the petitioners before the opposite party no.2 and stay order has been passed by the opposite party no.2 in favour of opposite party no.3. Against the stay order the petitioners have filed recall application which is still pending, while the petitioners are continue present before the court of opposite party no.2 but till then no disposal of the recall application. It has been stated that the matter is urgent and a perusal of the record clearly Versus Counsel for Petitioner(s) : Anubhav Dwivedi, Smt.Seema Dwivedi Counsel for Respondent(s) : C.S.C., Pankaj Gupta Shadab Ahmad Ansari And 2 Others .....Petitioner(s) State Of U.P. Thru. Collector, Bahraich And 3 Others .....Respondent(s) indicates that though the case is regularly listed but it is routinely adjourned on one pretext or the other. 5. It is noticed that the instant matter relates to 2025 and the trial courts are heavily burdened with the dockets due to which large number of cases are pending before them. In the present case, no extraordinary circumstance has been indicated by the petitioner so as to interfere and pass orders for expeditious disposal of the case which has been filed only in 2025. Accordingly, no case for interference is made out at this stage. 6. However, looking to the aforesaid circumstances, liberty is granted to the petitioner to move appropriate application before the trial court within next two weeks for expediting the proceedings. In case, such an application is made, the trail court shall consider and decide the same within two weeks thereafter by a reasoned and speaking order. In case, the trial court finds that a case for urgency has been made out, it shall proceed to consider and decide the case of the petitioner expeditiously. 7. With aforesaid direction the petition stands disposed of. September 4, 2025 Muk A227 No. 5291 of 2025 2 (Alok Mathur,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench