Disposed

Chandrika Sahni v. State of U.P. and 5 Others

Allahabad HC29 Mar 2022WRIB/369/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking a mandamus for the expeditious decision of a pending recall application. It directed the Deputy Director of Consolidation to decide the application within three months, providing a hearing opportunity and avoiding unnecessary adjournments.

What did the court decide?

Direction to the Deputy Director of Consolidation to consider and decide the recall application within three months after giving an opportunity to the parties concerned.

Chandrika Sahni Vs State of U.P. and 5 Others — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 7

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Case :- WRIT - B No. - 369 of 2022

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Petitioner :- Chandrika Sahni Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Pradeep Kumar Counsel for Respondent :- C.S.C.

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Hon'ble Prakash Padia,J.

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Heard learned counsel for the petitioner. Learned Standing Counsel accepted notice on behalf of respondent Nos.1 to 2.

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In view of the order proposed to be passed, notices need not go to the respondent Nos.3 to 5.

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The petitioner has preferred the present writ petition with the prayer to issue a mandamus directing the Deputy Director of Consolidation, Padraouna Kushinagar to decide Recall Application No.464/01-10 of 2021 dated 01.10.2021 filed in Case No.582 of 1990 (Chandrika Sahni Vs. Hardev and others) expeditiously.

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It is contended by learned counsel for the petitioner that against ex-parte order dated 27.06.2018, the petitioner filed Recall Application No.464/01-10 of 2021 on 01.10.2021 before Deputy Director of Consolidation, Padraouna Kushinagar, copy of which is appended as Annexure No.1 to the writ petition. It is argued that the matter is pending since long but till date no decision has been final taken and prays for expeditious disposal

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Learned Standing Counsel has no objection to the prayer made by petitioner.

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Heard learned counsel for the parties present. With the consent of learned counsel for the parties present, the present writ petition is disposed of at the admission stage itself.

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Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the respondent No.1A/Deputy Director of Consolidation, Padraouna Kushinagar to consider and decide the aforesaid recall application in accordance with law expeditiously and preferably within a period of three months from the date of production of certified copy of this order but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment.

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Order Date :- 29.3.2022 saqlain

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Digitally signed by SYED MOHAMMAD SAQLAIN HAIDER Date: 2022.03.30 11:17:24 IST Reason: Location: High Court of Judicature at Allahabad

Chandrika Sahni v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Chandrika Sahni v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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