Disposed

Kushalawati v. Sub Divisional Magistrate Utraula Distt. Balrampur and Another

Allahabad HC19 Jan 2024/242/2024

Case brief

AI extract

What is this about?

This writ petition before the Allahabad High Court under Article 226 sought an expedite order for the disposal of a pending recall application in a coordinate case. The court dispensed with notice to private parties and directed the respondent Sub Divisional Magistrate to decide the pending recall application within four months, affording a hearing opportunity but prohibiting unnecessary adjournme

What did the court decide?

Directed respondent to consider and decide the pending recall application within four months after hearing, without unnecessary adjournment.

Kushalawati Vs Sub Divisional Magistrate Utraula Distt… — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:5513

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 242 of 2024 Petitioner :- Kushalawati Respondent :- Sub Divisional Magistrate Utraula Distt. Balrampur And Another Counsel for Petitioner :- Vimal Kishor Singh Counsel for Respondent :- C.S.C.

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Hon'ble Saurabh Lavania,J.

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Heard.

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In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.

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The present petition has been filed for the following main relief:-

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"(i) Direct the Opposite Party No.1 to decide the application for restoration dated 3/3/2020 pending in Computerized Case No. 201908100306214, 'Abdullah Vs State of U.P.', under section 80 of U.P. Revenue Code, 2006, at Village - Mahuwadhani, Pargana & Tehsil Utraula, District - Balrampur, as contained in - Annexure No.4 to this petition, expeditiously within stipulated time as prescribed by this Hon'ble High Court."

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For the purposes of seeking main relief, quoted above, learned Counsel for the petitioner submitted that a case bearing Computerized Case No. 201908100306214 (Abdullah Vs State of U.P) under Section 80 of U.P. Revenue Code, 2006 , was decided on 07.01.2020 and on coming to know about the order dated 07.01.2020, the petitioner preferred an application dated 03.03.2020 for recalling of order dated 07.01.2020 and the same is pending disposal till date and on account of pendency of the application in issue, the petitioner is suffering great hardship and mental agony. In these circumstances, the indulgence of this Court is required. The prayer is to expedite the said pending application.

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It is further submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided.

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Learned standing counsel submits that he has no objection in case an expedite order is passed.

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Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending. Accordingly, in the ends of justice the respondent No.-1 is directed to consider and decide the pending recall application in the of Computerized Case No. 201908100306214 (Abdullah Vs State of U.P) most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably within four months from the next date fixed before it, if there is no other legal impediment in this regard.

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It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law.

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With the aforesaid, the petition is disposed of.

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Order Date :- 19.1.2024 Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Kushalawati v. Sub Divisional Magistrate Utraula Distt. Balrampur and Another

Case brief

What is this about?

What did the court decide?

Kushalawati v. Sub Divisional Magistrate Utraula Distt. Balrampur and Another

Case brief

What is this about?

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