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2025 DAILYLAW 8080 (ALL)

SUBHAWATI DEVI AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

WRIC/1425/2025 · 2025-01-27

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13498 Court No. - 50 Case :- WRIT - C No. - 1425 of 2025 Petitioner :- Subhawati Devi And 4 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Sunil Kumar Tiwari,Vikash Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Chandra Kumar Rai,J. 1. Heard learned counsel for the petitioner and Mr. Hari Om Singh, learned Standing Counsel for the State-respondents. 2. The instant petition has been filed for the following relief: "issue a writ, order or direction in the nature of mandamus directing to respondent no.2/ Assistant Record Officer, Gorakhpur to decide the recall application dated 12.04.2023 for recalling the order dated 31.1.2023 in Case No.1009 of 2022 as well as Computerized Case No.D202205310001009 (State Vs. Subhawati Devi and others), under Section 49 of U.P. Revenue Code, 2006 within stipulated time fixed by this Hon'ble Court." 3. Learned counsel for the petitioner submitted that the ex-parte order was passed on 31.1.2023 by respondent no.2/ Assistant Record Officer, Gorakhpur in the proceeding under Section 49 of U.P. Revenue Code, 2006. He further submitted that the petitioner has applied for restoration along with the prayer for condonation of delay on 12.4.2023. He further submitted that the copy of order sheet of the case has been annexed as Annexure No.3 to the petition in order to demonstrate that the case is not proceeding expeditiously. 4. Without expressing any opinion on merits of the case and keeping in view of the facts and circumstances, respondent no.2 is directed to decide the petitioner's application dated 12.4.2023, considering the delay condonation matter first in proper manner, after affording opportunity of hearing to the parties expeditiously preferably within a period of three months from the date of production of certified copy of this order before him. 5. Accordingly, the writ petition is finally disposed of. Order Date :- 27.1.2025 Rameez Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad