CHANDRAPAL AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS
WRIC/5664/2025 · 2025-02-24
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22137 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22137 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:26629 Court No. - 34 Case :- WRIT - C No. - 5664 of 2025 Petitioner :- Chandrapal And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mehul Khare,Pragya Pandey Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned Standing Counsel for the State-respondents and perused the record.
2. The instant writ petition has been filed for the following relief:
"Issue an order or direction of an appropriate nature directing the Sub-Divisional Magistrate, Tehsil Sadar, Muzaffarnagar to decide the recall application along with the delay condonation of the petitioners dated 10.12.2024 filed in Misc. Case No. 03 of 2010, State vs. Smt. Radha, in a time bound manner. II. Issue an order or direction of an appropriate nature to direct the Sub-Divisional Magistrate, Tehsil Sadar, Muzaffarnagar to not to dispossess the petitioners from Khasra/Gata No. 24, Village- Farakhpur, Pargana-Gordhanpur, Tehsil-Sadar, District-Muzaffarnagar, during the pendency of the recall application before the Court of Sub-Divisional Magistrate, Tehsil Sadar, Muzaffarnagar."
3. From the perusal of the writ petition and annexures annexed thereto, it appears that the aforesaid recall application is pending since 10.12.2024 and several dates have been fixed by the Court concerned, however, till date, the aforesaid case has not been decided.
4. No useful purpose would be served in keeping this petition pending.
5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No. 3 to consider and decide the aforementioned recall application, in accordance with law, expeditiously, preferably within a period of four months from the date of production of a certified copy of this order after ensuring service upon all the opposite parties and giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 25.2.2025/Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad