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2025 DAILYLAW 73486 (ALL)

GORAKHNATH SINGH v. State of UP AND 2 OTHERS

WRIC/21866/2024 · 2025-01-23

Brij Raj Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:11733 Court No. - 34 Case :- WRIT - C No. - 21866 of 2024 Petitioner :- Gorakhnath Singh Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Santosh Kumar Upadhyay,Vinod Kumar Upadhyay Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner, Sri Abhishek Shukla, learned Additional Chief Standing Counsel for the State-opposite parties no.1 and 2 and Sri Azad Rai, counsel for the Gram Sabha i.e. opposite party no.3. 2. The present petition has been filed with a limited prayer for issuance of a writ in the nature of Mandamus commanding and directing opposite party no.2 to decide restoration application dated 17.07.2017 filed by the petitioner against order dated 16.11.1999 passed by opposite party no.2 in Case No.07 of 1999, under Section 123(2) U.P.Z.A. and L.R. (Haneef Vs. Smt. Asha), within a stipulated period. 3. Learned Counsel for the petitioner submits that the recall application of petitioner is pending since 2017 in Case No.07 of 1999, under Section 123(2) U.P.Z.A. and L.R. (Haneef Vs. Smt. Asha), which was decided ex parte vide order dated 16.11.1999. 4. Writ petition is accordingly disposed of with a direction to opposite party no.2 to decide the Recall application of the petitioner within a period of three months from the date of production of certified copy of this order, in accordance with law, after affording opportunity of hearing to all the parties concerned without prejudice to their rights. 5. Needless to say that application for condonation of delay be considered and decided, if any, in accordance with law. Order Date :- 23.1.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad