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2025 DAILYLAW 165351 (ALL)

PRAMOD KUMAR AND ANOTHER v. SUB DIVISIONAL MAGISTRATE, TAHSIL AKABERPUR, AMBEDKAR NAGAR AND OTHERS

A227/5574/2025 · 2025-09-17

Manjive Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5574 of 2025 Court No. - 30 HON'BLE MANJIVE SHUKLA, J. 1. Heard Shri Satish Kumar, learned counsel appearing for the petitioners and learned State Counsel appearing for Respondent No.1. 2. In view of the order proposed, notice to Respondents No.2 to 10 is hereby dispensed with. 3. The instant petition has been filed by the petitioners, inter alia praying therein for the following relief: "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the opposite party No.1 i.e. Sub Divisional Magistrate, Tahsil Akbarpur, District Ambedkar Nagar to expeditiously decide the restoration Case No. 3483 of 2025 dated 29.3.2025 preferred in Case No.T-202404040104618 Village Bariyawan, Pargana & Tahsil Akbarpur, District Ambedkar Nagar U/s 116 U.P. Revenue Code 2006, pending before opposite party No.1, in accordance with law, within time stipulated by this Hon'ble Court. Such other order or direction deemed just and proper in the circumstances of the case may also be passed." 4. It has been contended on behalf of the petitioners that the case filed under Section 116 of the U.P. Revenue Code, 2006 was dismissed in default on 29.03.2025. It has further been contended that on the very same date, petitioner has filed an application for recall of the order dismissing the case Versus Counsel for Petitioner(s) : Satish Kumar Counsel for Respondent(s) : C.S.C., Mohan Singh Pramod Kumar And Another .....Petitioner(s) Sub Divisional Magistrate, Tahsil Akaberpur, Ambedkar Nagar And Others .....Respondent(s) in default but the said application is pending before Respondent No.1 and has not been decided till date. 5. Learned Standing Counsel, on the other hand, has very fairly submitted that the ends of justice would be served, if a direction is issued by this Court thereby commanding Respondent No.1 to consider and decide the application in question, expeditiously, within the time frame fixed by this Court. 6. I have considered the arguments advanced by the learned counsels for the parties and I find that the application for recall of order dated 29.03.2025 is pending before Respondent No.1. 7. In view of the above, this petition is finally disposed of with a direction to Respondent No.1, i.e., Sub-Divisional Magistrate, Tehsil- Akbarpur, District- Ambedkar Nagar to consider and decide the application filed for recall of order dated 29.03.2025 for restoration of the Case No.3483 of 2025 dated 29.3.2025 preferred in Case No.T-202404040104618: Village Bariyawan, Pargana & Tahsil Akbarpur, District Ambedkar Nagar, U/s 116 U.P. Revenue Code 2006, expeditiously, preferably within a period of two months from the date of presentation of certified copy of this order before him, provided there is no legal impediment. 8. Needless to say that this Court has not adjudicated upon merits of the case. September 17, 2025 V. Sinha A227 No. 5574 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench