AKHILESH KUMAR MISHRA AND OTHERS v. SUB. DISTRICT MAGISTRATE, MANKAPUR, GONDA AND OTHERS
/6974/2025 · 2025-12-02
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184559 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184559 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6974 of 2025 Court No. - 22 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Shri Avadhesh Kumar Singh, learned counsel for the petitioners and Shri Yogesh Kumar Awasthi, learned Standing Counsel for the State- respondents. 2. The present writ petition has been filed with the following main relief:-
"(i) to issue direction to the opposite party no.1 to decide the recall application filed on 02.09.2020 in Case No. 2148/2016 Computerized No. 20160830072148, under section 24 of the U.P. Revenue Code, expeditiously."
3. Learned counsel for the petitioner has submitted that the petitioner had filed recall application to recall the order dated 27.8.2019 passed under Section 24 of the U.P. Revenue Code, which is pending since 2020 and the same has not been decided, therefore a direction be issued to Sub Divisional Magistrate, Mankapur, District Gonda to decide the same within the time bound manner. 4. After hearing the submission from perusal of the order sheet of Case No. 2148 of 2016, it is clear that the case could not be disposed of for the reason that instead hearing the same, routine date has been fixed by the Presiding Officer. Though, as per the direction made in the case of Daya Shankar Vs. State of U.P. and others 2023 (6) A.D.J. 181, the recall application should have been decided within a period of one month, if the same, is not decided then the reason must be recorded but in the present Versus Counsel for Petitioner(s) : Avadhesh Kumar Singh, Shashi Dhar Pathak, Vinay Prakash Singh Counsel for Respondent(s) : C.S.C., Pankaj Gupta Akhilesh Kumar Mishra And Others .....Petitioner(s) Sub. District Magistrate, Mankapur, Gonda And Others .....Respondent(s)
case the order sheet does not show any reason has been recorded for not deciding the recall application of the petitioner. 5. Therefore, prima facie Sub Divisional Magistrate, Mankapur, District Gonda has committed contempt by not complying the direction of this Court in Daya Shankar's case. However, this Court grants one more opportunity to the Sub Divisional Magistrate, Mankpur, District Gonda to decide the recall application dated 2.9.2020 in Case No. 2148 of 2016, filed by respondents no. 3 and 4, within a period of one month, from the date of receiving a certified copy of the order. 6.
It is made clear that the adjournment taken by the counsel for the present petitioner, will not be included in the aforesaid period. 7. With the aforesaid observations, the present petition is disposed of. December 2, 2025 Muk A227 No. 6974 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench