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2025 DAILYLAW 78342 (ALL)

SANJAY KUMAR SINGH v. UNION OF INDIA AND 2 OTHERS

WRIC/24537/2025 · 2025-07-28

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:124906 Court No. - 33 Case :- WRIT - C No. - 24537 of 2025 Petitioner :- Sanjay Kumar Singh Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Wahaj Ahmad Siddiqui Counsel for Respondent :- A.S.G.I.,Rajesh Tewari Hon'ble Prakash Padia,J. 1. Heard Shri W.A. Siddiqui, learned counsel for the petitioner, Shri Prem Shankar Prasad, learned counsel appearing on behalf of Respondent No. 1 and Shri S.K. Mishra, learned counsel appearing on behalf of Respondent Nos. 2 and 3. 2. The petitioner has preferred the present writ petition inter-alias with the following prayer:- "(i) Issue a writ order or direction in the nature of mandamus commanding the respondent no.2 to decide the recall application in accordance with law. (Annexure- 3). (ii) Issue a writ order or direction in the nature of mandamus commanding the respondents not to proceed with the recovery on the basis of ex-parte order dated 25.07.2024, during the pendency of the recall application." 3. It is argued that against an ex-parte order dated 25.07.2024 passed by the Respondent No. 2 namely Assistant Director/ Authorized Officer, Employee State Insurance Corporation, Sub Regional Office, ESI Hospital Campus, 2nd Floor, Pandeypur, Varanasi, the petitioner filed a recall application dated 29.06.2025 which is still pending consideration before the Respondent No. 2. 4. It is further argued that though recall application is pending consideration but the respondents are trying to recover the amount pursuant to the order dated 25.07.2024. 5. In this view of the matter, it is argued that the necessary directions be issued to the Respondent No. 2 to decide the recall application filed by the petitioner, expeditiously. 6. Heard counsel for the parties and perused the record. 7. In the facts and circumstances of the case and also in the interest of justice and with the consent of the counsel for the parties, the present writ petition is disposed of finally. 8. A mandamus is issued to the Respondent No. 2 namely Assistant Director/ Authorized Officer, Employee State Insurance Corporation, Sub Regional Office, ESI Hospital Campus, 2nd Floor, Pandeypur, Varanasi to decide the aforesaid recall application filed by the petitioner, expeditiously and positively within a period of six weeks' from the date of presentation of certified copy of this order, unless there is no legal impediment. Order Date :- 29.7.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad