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2025 DAILYLAW 170433 (ALL)

JAI PRAKASH UPADHYAY v. SUB DIVISIONAL MAGISTRATE, TANDA, AMBEDKAR NAGAR AND ANOTHER

A227/6334/2024 · 2025-01-03

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:166 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 6334 of 2024 Petitioner :- Jai Prakash Upadhyay Respondent :- Sub Divisional Magistrate, Tanda, Ambedkar Nagar And Another Counsel for Petitioner :- Dr.Surya Prakash Mishra,Anand Prakash Pandey Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Notice on behalf of the respondent No.1 has been accepted by the office of the Chief Standing Counsel. Shri Mohan Singh, learned counsel has accepted notice on behalf of the respondent No.2. By means of the instant petition, the petitioner seeks expeditious disposal of recall application dated 11.08.2020 filed in Case No.T201604040303856, under Section 33/39 of the U.P. Land Revenue Act, pending before the respondent No.1. It is submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the aforesaid recall application has not yet been decided. Learned standing counsel submits that he has no objection in case an expedite order is passed. Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.1 to consider and decide the pending recall application dated 11.08.2020 filed in Case No.T201604040303856 most expeditiously, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably as expeditiously as possible. It is made clear that the Court has not examined the case of either of the parties on merits and the Court concerned shall consider and decide the recall application of the petitioner strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 3.1.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench