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2025 DAILYLAW 97702 (ALL)

SATYA NARAYAN v. STATE OF U.P. AND 2 OTHERS

WRIC/32923/2025 · 2025-09-17

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32923 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This writ petition has been filed with the following prayer:- "(A) Issue a writ order or direction in the nature of mandamus directing to the respondent No.2 to decide the recall application dated 01.07.2025 alongwith application under Section 11 Civil Procedure Code (C.P.C.) which is pending in the Court of Sub-Divisional Magistrate, Tehsil Sadar Auraiya, District Auraiya in Suit No. 7575 of 2024 (Computerize Case No. T 202403050107575) Gaon Sabha Kakrahi Vs. Arvind Kumar and others under Section 38(2) U.P. Revenue Code-2006 order dated 29.05.2025 for disposal till date." 2. It is contended that in proceedings under Section 38(2) of the U.P. Revenue Code, 2006, a recall application along with an application under Section 11 C.P.C. has been moved by the petitioner which is pending consideration before the respondent no. 2. The sole prayer made is for expeditious disposal of the same. 3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, without calling for counter affidavit, with a direction to the respondent no. 2- Sub-Divisional Magistrate, Tehsil Sadar Auraiya, District Auraiya to decide the recall application alongwith application under Section 11 C.P.C. pending in proceedings under section 38(2) U.P. Revenue Code, 2006, in accordance with law, after hearing all affected parties, preferably within a period of one month from the date of production of certified copy of this order. 4. With the aforesaid directions, writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the matter on merits. September 18, 2025 A. V. Singh Versus Counsel for Petitioner(s) : Raj Kumar Srivastava, Shiv Poojan Counsel for Respondent(s) : C.S.C., Hari Narayan Singh (Rohit Ranjan Agarwal,J.) Satya Narayan .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad