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Neutral Citation No. - 2025:AHC:86426 Court No. - 35 Case :- WRIT - C No. - 15577 of 2025 Petitioner :- Subhash Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Ajahar Zamil,Juned Alam 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 the following relief:
"To issue, a Writ, Order or direction in the nature of Mandamus Commanding the Respondent No. 2/Sub Divisional Officer, Tehsil Tamkuhiraj, District Kushinagar to decide the Recall/Restoration being Case No. RST/99/2012-2013 Computerized Case No. T-20130544313 (Umesh Chandra Tiwari Vs. Vyas Pati Tiwari) Under Section 176 of U.P.Z.A. & L.R. Act 1950 Mauja Bihar Khurd, Tappa Haveli, Pargana Sidhuwa Jobna, Tehsil Tamkuhiraj, district Kushinagar, Pending before it, expeditiously within a short period so stipulated by this Hon'ble Court. So that Justice may be done with the Petitioner."
3. Learned counsel for the petitioner states that the aforesaid recall application is pending since 2023. It is further contended that several dates have been fixed but the same has not been decided yet. He prayed that the same may be decided, expeditiously.
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. 2 to consider and decide the aforementioned recall application, in accordance with law, expeditiously, preferably within a period of twelve weeks 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 :- 22.5.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad