Disposed

Ram Dhani Pandey and Another v. State of U.P. and 3 Others

Allahabad HC17 Apr 2023WRIC/10529/2023

Case brief

AI extract

What is this about?

The High Court rejected a writ petition seeking expedited disposal of a land partition case pending due to a recall application. The court directed the Sub Divisional Magistrate to decide the recall application within four months.

What did the court decide?

Directed respondent no.2 to decide the pending recall application dated 25-03-2022 within four months after giving hearing.

Ram Dhani Pandey and Another Vs State of U.P. and 3 Others — Allahabad HC (2023) — LawSathi Research

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Court No. - 52

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Case :- WRIT - C No. - 10529 of 2023

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Petitioner :- Ram Dhani Pandey And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shailesh Kumar Pandey Counsel for Respondent :- C.S.C,Sudhir Bharti

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Hon'ble Kshitij Shailendra,J.

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Heard Sri Shailesh Kumar Pandey, learned counsel for the petitioner, Shri Anit Kumar Shukla, learned Standing Counsel representing the State-respondents and Sri Sudhir Bharti, learned counsel for the Gaon Sabha.

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2.This writ petition has been filed seeking expeditious disposal of Case No. 773/2022 (Computerized Case No. T20220544040400773) (Ramdhani Vs. Ramayan), under Section 116 of U.P. Land Revenue Code, 2006 within stipulated period.

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A perusal of the record, however, shows that the case was decided on 14-03-2022 declaring the respective shares of the parties and the matter was posted for preparation of Kurras . Thereafter, the respondent no.4 has filed a recall application dated 25-03-2022 seeking recall of the order dated 14-03-2022 and in the margin of the said application, it has been endorsed that the same be placed along with the original file.

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In view of the pendency of the recall application, no direction for further proceedings pursuant to the order dated 14-03-2022 can be issued, therefore, the prayer made in the present writ petition is rejected.

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However, keeping in view that the recall application is pending, disposal whereof would not consume much time, the writ petition is disposed of directing the respondent no.2 i.e. Sub Divisional Magistrate, Kasya, Kushi Nagar to decide the recall application dated 25-03-2022 expeditiously, preferably, within a period of four months from the date a certified copy of this order is produced before him, after giving full opportunity of hearing to the parties concerned.

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This Court has not adjudicated upon the merits of the recall application, which has to be considered in accordance with law by the officer concerned on its own merits.

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Order Date :- 17.4.2023

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pks

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Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Ram Dhani Pandey and Another v. State of U.P. and 3 Others

Case brief

What is this about?

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Ram Dhani Pandey and Another v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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