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2025 DAILYLAW 19182 (ALL)

NAGENDRA v. DISTRICT MAGISTRATE AND 23 OTHERS

WRIC/5117/2025 · 2025-02-27

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28215 Court No. - 34 Case :- WRIT - C No. - 5117 of 2025 Petitioner :- Nagendra Respondent :- District Magistrate And 23 Others Counsel for Petitioner :- Atul Pandey,Prakash Chandra Tripathi Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant writ petition has been filed for following relief: "I. Issue a writ order or direction in the nature of mandamus commanding the respondent no.1 to decide the recall application dated 30.06.2022 filed by the private respondent in case no. 30/2012-13 computerized case no. D- 20130531100337 (Jhinak and others Vs. Nagendra and others) under Section 115 (Cha) of U.P.Z.A. & L.R. Act 1950 within stipulated time or fix time as directed by this Ho'ble Court." 3. Contention of the learned counsel for the petitioner is that the aforementioned recall application is pending since 2022 before respondent no.1 for adjudication. He prayed that the same may be decided expeditiously. 4. No useful purpose would be served in keeping this petition pending. 5. The present petition stands disposed of finally with a direction to the respondent No. 1, District Magistrate, District-Gorakhpur/Addl. District Magistrate (Finance & Revenue), Gorakhpur to consider and decide the aforementioned recall application, in accordance with law, expeditiously, preferably within a period of eight weeks from the date of production of a certified copy of this order after ensuring service upon all the respondents and after giving opportunity of hearing to the parties concerned provided that there is no other legal impediment. Order Date :- 28.2.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad