JAMUNA PRASAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE, LKO. AND OTHERS
A227/5372/2025 · 2025-10-28
Alok Mathur
body2025
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[ 2025 DAILYLAW 202786 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 202786 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5372 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. (Order on C.M.A. No. 2 of 2025 - Application for condonation of delay)
1. Heard learned counsel for applicant as well as learned Standing Counsel for the State-respondents. 2. In view of the facts stated in the accompanying affidavit filed in support of application for condonation of delay in filling the application for recall of the order dated 09.09.2025, delay is condoned. (C.M.A. No. 3 of 2025 - Application for recall of the order dated 09.09.2025)
1. Heard learned counsel for applicant as well as learned Standing Counsel for the State-respondents. 2. This application for recall has been moved by respondent No. 5 seeking recall of the order dated 09.09.2025 passed by this Court whereby a direction has been issued for expediting the proceedings of Computerized Case No. T202104680700262 (Ramji & others Vs. Ram Chandra & others) U/S 144 of U.P. Revenue Code. 3. In the application for recall, learned counsel for applicant has submitted that respondent No. 5 has moved an application for transfer of the said Versus Counsel for Petitioner(s) : Ashish Kumar Upadhyay, Anurag Mishra Counsel for Respondent(s) : C.S.C., Mohan Singh, Pankaj Kumar, Utkarsh Misra Jamuna Prasad .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And Others .....Respondent(s)
proceedings by moving an application before Additional Commissioner, Ayodhya Mandal which has been registered as Case No. 2306/2025 and by means of order dated 05.08.2025 an interim order has been passed directing the Sub-Divisional Magistrate not to pass any final order in the matter. He has submitted that the petitioner was fully aware of the order dated 05.08.2025 inasmuch as the Vakalatnama was filed on their behalf on 28.08.2025 and on the same day a writ petition was preferred before this Court and suddenly much befoer the order dated 09.09.2025 was passed by this Court. 4. Learned counsel for petitioner has fairly submitted that at the time of filing of the writ petition, he was aware of the order dated 05.08.2025and even client did not inform him about the said order when the matter was taking up before this Court on 09.09.2025 but does not dispute the aforesaid facts. 5. In light of the above, present application for recall is allowed. The order dated 09.09.2025 passed by this Court is recalled.
(Order on Writ Petition)
1. Having heard rival contentions, it is noticed that the application for transfer is pending consideration before Additional Commissioner (Judicial), Ayodhya Mandal in Case No. 2306 of 2025. It is stated that due to the interim order passed in the said case, the proceedings U/S 144 of U.P. Revenue Code remained pending before the Sub-Divisional Magistrate (Judicial), Tehsil - Jaisinghpur, District Sultanpur and a prayer has been jointly made by both the parties that the proceedings may be expedited. 2. Learned counsel for petitioner submits that he will be filing his objections within next two weeks. 3. In light of the above, let the transfer application be decided within two months from today in accordance with law. 4. Both the parties are directed to cooperate in the proceedings before the Additional Commissioner (Judicial), Ayodhya Mandal. A227 No. 5372 of 2025 2
5. In view of the above, the writ petition stands disposed of. October 28, 2025 Ravi/ A227 No. 5372 of 2025 3 (Alok Mathur,J.) Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench