Jakir Ali Vs State of U.P. Thru. Addl. Chief… — Writ and Judicial Review | Allahabad HC (2024)

Jakir Ali Vs State of U.P. Thru. Addl. Chief… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Petition disposed of with a direction to respondent No.2 to finally decide the recall application dated 06.06.2022 in Case No.131 (Computerized Case no.T201902570205330) most expeditiously, preferably within 3 months of an authenticated copy of the order being placed before the authority, subject to the petitioner furnishing an undertaking against unnecessary adjournments; no merits examined.

Issue for consideration

Whether respondent No.2 should be directed to consider and finally decide the petitioner's recall application dated 06.06.2022 pending in Case No.131 (Computerized Case no.T201902570205330) expeditiously.

Court's answer

Respondent No.2 is directed to consider and finally decide the pending recall application dated 06.06.2022 in Case No.131 (Computerized Case no.T201902570205330) most expeditiously, affording full opportunity of hearing to the parties but without granting any unnecessary adjournment to either party, preferably within a period of 3 months from the date an authenticated copy of the order is placed before the authority concerned.

Ratio / Principle

The petitioner is to furnish an undertaking, along with a copy of the order, that he will not seek any unnecessary adjournment and shall cooperate in early disposal of the case; if the petitioner does not furnish such undertaking, he shall not be entitled to the benefit of the order.

Key takeaways

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.ratio¶¶15
In view of the order proposed to be passed, notice to the private-respondents No.4 to 6 was dispensed with.ratio¶¶8

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 8 (Hon'ble Jaspreet Singh, J.), by order dated 2.8.2024 in Matters Under Article 227 No. 3184 of 2024 (Neutral Citation 2024:AHC-LKO:52981), disposed of Jakir Ali's petition seeking expeditious disposal of his recall application dated 06.06.2022 pending in Case No.131 (Computerized Case no.T201902570205330) before respondent No.2. The Court directed respondent No.2 to consider and finally decide the recall application most expeditiously, affording full opportunity of hearing to the parties but without granting unnecessary adjournments, preferably within three months from the date an authenticated copy of the order is placed before the authority concerned. The direction was conditioned upon the petitioner furnishing an undertaking that he would not seek unnecessary adjournments and would cooperate in early disposal, failing which he would not be entitled to the benefit of the order. Notice to private-respondents No.4 to 6 was dispensed with. The Court expressly clarified that it had not examined the case of either party on merits and the authority remains free to decide strictly in accordance with law.

Neutral Citation No. - 2024:AHC-LKO:52981

Court No. - 8

Case :- MATTERS UNDER ARTICLE 227 No. - 3184 of 2024

Petitioner :- Jakir Ali

Respondent :- State Of U.P. Thru. Addl. Chief Secy., Revenue Deptt., Lucknow And Others Counsel for Petitioner :- Santosh Singh Counsel for Respondent :- C.S.C.,Pankaj Gupta

Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioner. Notice on behalf of the respondents No.1 and 2 has been accepted by the office of the Chief Standing Counsel. Sri Pankaj Gupta learned counsel has received notice on behalf of respondent no.3.

In view of the order proposed to be passed by this Court, notice to the private-respondents No.4 to 6 is dispensed with.

By means of the instant petition, the petitioner seeks expeditious disposal of the recall application dated 06.06.2022 pending in Case No.131 (Computerized Case no.T201902570205330) pending before the respondent No.2.

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

At this stage, learned counsel for the petitioner submits that the petitioner is ready to furnish an undertaking that the petitioner will not seek any unnecessary adjournment and shall also cooperate in the early disposal of the aforesaid case.

Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.2 to consider and finally decide the pending recall application dated 06.06.2022 in Case No.131 (Computerized Case no.T201902570205330) most expeditiously, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of 3 months from the date an authenticated copy of this order is placed before the authority concerned.

The petitioner shall also furnish an undertaking, as mentioned above, along with a copy of this order. In case, if the petitioner

does not furnish the aforesaid undertaking, then the petitioner shall not be entitled to the benefit of this order.

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.

With the aforesaid, the petition is disposed of .

Order Date :- 2.8.2024 Harshita

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