SURENDRA KANOJIYA v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS
A227/5556/2025 · 2025-09-16
Manjive Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164861 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164861 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5556 of 2025 Court No. - 30 HON'BLE MANJIVE SHUKLA, J.
1. Heard Sri Vijai Kumar Pandey, learned Advocate holding brief of Sri Vishva Nath Pratap Singh, learned counsel appearing for the petitioner and learned Standing Counsel for Respondents No. 1 and 2. 2. In view of the order proposed, notice to Respondents No. 3 to 5 is dispensed with. 3. The captioned writ petition has been filed by the petitioner interalia praying therein for the following relief:-
"i. To direct the Naib Tehsildar Masodha Tehsil-Sohawal to decide the restoration application dated 08.05.2025 pending in the mutation application No. RST/5840/2025, (Computerized Case No. T202504230205840), titled as Surendra Kanojiya Vs Dayaram within reasonable time in the interest of justice."
4. Learned counsel appearing for the petitioner has submitted that the mutation case filed by the petitioner was dismissed for non prosecution on 5.12.2024 and the petitioner has filed an application for recall of that order but the said application is pending before Respondent No. 2 since the month of May, 2025 and has not been decided. 5. Learned Standing Counsel for Respondents No. 1 and 2, at the very outset, has submitted that the ends of justice would be served, if a direction is issued by this Court commanding Respondent No. 2 to consider and decide the the petitioner's application for recall of order dated 5.12.2024 filed in Mutation Case No. RST/5840/2025, (Computerized Case No. Versus Counsel for Petitioner(s) : Vishva Nath Pratap Singh, Dhananjay Singh Counsel for Respondent(s) : C.S.C. Surendra Kanojiya .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others .....Respondent(s)
T202504230205840), within a time frame fixed by this Court. 6. I have considered the submissions made by the learned counsels for the parties and I find that the prayer made by the petitioner in this petition is innocuous in nature, accordingly, this writ petition is finally disposed of with a direction to Respondent No. 2 to hear and decide the application for restoration filed by the petitioner in Mutation Case No. RST/5840/2025, (Computerized Case No. T202504230205840), 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 16, 2025 Anuj Singh A227 No. 5556 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench