Disposed

Anil Kumar and Another v. Consolidation Officer, Sadar, Barabanki and Another

Allahabad HC23 Jul 2024/3336/2024

Case brief

AI extract

What is this about?

In a matter under Article 227, the Court directed the Consolidation Officer, Sadar, Barabanki, to decide a pending recall/restoration application and a Section 5 Limitation Act application within three months as a prima facie opinion to meet the ends of justice, without examining merits.

What did the court decide?

Directed Consolidation Officer to decide pending recall/restoration and Section 5 Limitation Act application within 3 months.

Anil Kumar and Another Vs Consolidation Officer… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:49411

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 3336 of 2024 Petitioner :- Anil Kumar And Another Respondent :- Consolidation Officer, Sadar, Barabanki And Another Counsel for Petitioner :- Amitesh Pratap Singh,Abhijeet P. Singh Chauhan,Ashutosh Goswami,Neetu Bhardwaj Counsel for Respondent :- C.S.C.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioners and learned Standing counsel for the State.

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In view of the order proposed to be passed by this Court, notice to the private-respondent No.2 is dispensed with.

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The petitioners have approached this Court with the limited prayer directing the opposite party no.1/Consolidation Officer, Sadar, Barabanki, to decide the pending recall/restoration application dated 07.12.2023 along with application under Section 5 of the Limitation Act in a Case no.Bajdayar/315 (Naumilal vs State) expeditiously.

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In view of the aforesaid, it is prayed that the said case may be directed to be decided expeditiously within some time frame.

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Having considered the submissions of the learned counsel for the petitioners as well as from the perusal of the record, this Court is of the prima facie opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be met by directing the opposite party no.1/Consolidation Officer, Sadar, Barabanki, to decide the recall/restoration application dated 07.12.2023 along with application under Section 5 of the Limitation Act in a Case no.Bajdayar/315 (Naumilal vs State) as expeditiously as possible, however, keeping in mind that full opportunity of hearing is to be provided to the parties concerned and endevour should be made to decide the same within a period of 3 months from the date a certified copy of this order is placed before the Court concerned.

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

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With the aforesaid, the petition stands disposed of.

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Order Date :- 23.7.2024/Harshita

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

Anil Kumar and Another v. Consolidation Officer, Sadar, Barabanki and Another

Case brief

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Anil Kumar and Another v. Consolidation Officer, Sadar, Barabanki and Another

Case brief

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