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2025 DAILYLAW 164449 (ALL)

SMT. KHUSHBU SINGH v. SUB DIVISIONAL MAGISTRATE (JUDICIAL), TEHSIL BIKAPUR, AYODHYA AND OTHERS

A227/5489/2025 · 2025-09-15

Manjive Shukla

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5489 of 2025 Court No. - 30 HON'BLE MANJIVE SHUKLA, J. 1. Heard Sri Surya Prakash Singh, learned counsel for the petitioner, learned Standing Counsel appearing for the Respondent No.1 and Sri Mohan Singh, learned counsel for the Respondent No.2. 2. In view of the proposed order, notice to the Respondents No.3 to 7 is hereby dispensed with. 3. The instant writ petition has been filed by the petitioner inter alia praying therein for the following relief:- "(1) To Issue a order or direction in the nature of mandamus commanding the opposite party no.1 i.e. Sub Divisional Magistrate (Judicial), Bikapur, Ayodhya to decide the recall application dated 02.12.2024 against the final order dated 10.06.2024 passed by the learned Sub Divisional Magistrate (Judicial), Bikapur, Ayodhya for demarcation of land in case No. RST/2748/2023 Computerized case no. T20230423030 2748, Smt. Khushbu Singh Vs State Of U.P and others, under Section 24 of the U.P. Revenue Code, 2006 of Khata No.975, Gata No.1810 area 0.325 hectare, situated at Village Gayaspur, Pargana Paschimrath, Tehsil Bikapur, District Ayodhya expeditiously in accordance with law, keeping in view the judgments of Hon'ble Supreme Court and High Courts which hold that recall is not maintainable, where appeal/revision lies, which is pending since 02.12.2024 contained as annexure no.1 to the petition as possible in the interest of justice.." 4. The contention of learned counsel for the petitioner is that a final Versus Counsel for Petitioner(s) : Surya Prakash Singh Counsel for Respondent(s) : C.S.C., Mohan Singh Smt. Khushbu Singh .....Petitioner(s) Sub Divisional Magistrate (Judicial), Tehsil Bikapur, Ayodhya And Others .....Respondent(s) order was passed on 10.06.2024 by the Sub-Divisional Magistrate, (Judicial), Tehsil-Bikapur, Ayodhya in a case filed by the petitioner under Section 24 of the U.P. Revenue Code, 2006. It has further been contended that though the application for recall against the said order is not maintainable but the Respondent No.7 has filed an application for recall of the order dated 10.06.2024, which is pending before Respondent No.1 since long. 5. Learned counsel for the petitioner has submitted that in view of pendency of recall application, the exercise of 'Patthar Nasb' consequent to final the order dated 10.06.2024 is not being done, therefore it would be in the fitness of things that the application for recall may be considered and decided expeditiously. 6. Learned Standing counsel appearing for the State does not have any objection if a direction is issued by this Court for expeditious disposal of the application for recall of the order dated 10.06.2024. 7. I have heard submissions made by the learned counsels appearing for the parties and I find that the application for recall filed on behalf of Respondent no.7 is pending before the Sub-Divisional Magistrate (Judicial), Tehsil-Bikapur, Ayodhya in case No. RST/2748/2023, Computerized Case No. T20230423030 2748, Smt. Khushbu Singh Vs State Of U.P and others. 8. In view of aforesaid reasons, this petition is disposed of finally with a direction to Respondent No.1 to consider and decide the application for recall of the order dated 10.06.2024 filed by Respondent No.7 in case No. RST/2748/2023 Computerized case no. T202304230302748, Smt. Khushbu Singh Vs State Of U.P and others, expeditiously, preferably within a period of two months from the date of presentation of a certified copy of this order provided there is no legal impediment. September 15, 2025 Renu/- A227 No. 5489 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench