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2025 DAILYLAW 170765 (ALL)

SARITA MISHRA AND 7 OTHERS v. STATE OF U.P. THRU. SECY. PRIN. SECY. HOME, LUCKNOW AND OTHERS

A227/6358/2024 · 2025-01-03

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Neutral Citation No. - 2025:AHC-LKO:211 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 6358 of 2024 Petitioner :- Sarita Mishra And 7 Others Respondent :- State Of U.P. Thru. Secy. Prin. Secy. Home, Lucknow And Others Counsel for Petitioner :- Ashok Kumar Singh,Rahul Kumar Singh Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioners. Notice on behalf of respondent nos.1 and 3 has been accepted by the office of Chief Standing counsel. Sri Ratnesh Chandra learned counsel has accepted on behalf of respondent no.2. By means of the instant petition, the petitioners pray for following reliefs: "(1.)Direct the opposite party No-3 (S.D.M., Sadar, Lucknow) to register and decide the recall application moved by the Opposite Party No.2 in Suit No.405 of 2009-10 U/S UPZA & LR Act 1950 (Umesh and others vs State of U.P) expeditiously within the stipulated time. Annexed as Annexure No.6 to this petition. (2.) Direct the Opposite Party No.2 to not demolish the construction raised by the petitioners also not interfere in the peaceful possession of the petitioners on the mentioned land until and unless opposite party No.3 (S.D.M, Sadar, Lucknow) will not decide the recall application moved by Opposite Party No.2 in Suit No.405 of 2009-10 U/S UPZLR Act 1950 (Umesh and others Versus State of U.P)." Learned Standing counsel submits that in so far as the application moved by the L.D.A is concerned, the same has been duly registered and the next date fixed is 07.01.2025 and it is submitted that the authority shall decide the same as expeditiously as possible. Sri Ratnesh Chandra learned counsel for the respondent no.2 also submits that since their application is pending and next date fixed is 07.01.2024, the L.D.A shall take a measure to ensure that the application shall be decided at the earliest and they shall not seek any unnecessary adjournment unless extremely necessary. Considering the fact that the application is engaging the attention of respondent no.3, accordingly, this Court is not inclined to pass the order as claimed by the petitioners in terms of the second relief, however, the petition is disposed of with a direction to respondent no.3 to consider and decide pending application as expeditiously as possible after affording full opportunity of hearing to the parties but without granting any unnecessary adjournment to any of the parties included LDA who shall also cooperate so that application get expedite within four weeks from the date fixed i.e. 07.01.2025. With the aforesaid, the petition is disposed of. Order Date :- 3.1.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench