Shiv Kumar and Another Vs State of U.P. through District Magistrate Gonda, and 8 Others — Allahabad HC (2025) — LawSathi Research

Shiv Kumar and Another Vs State of U.P. through District Magistrate Gonda, and 8 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of, without entering into merits, with a direction to respondent No.2 to consider and decide the pending recall application after affording full opportunity of hearing to the parties, without unnecessary adjournments, preferably on the next date fixed and in case that is not possible then within two weeks thereafter; parties were put on notice to cooperate in the early hearing.

Issue for consideration

Whether the writ petition should be disposed of with a direction for expeditious disposal of the recall application pending before respondent No.2.

Court's answer

Without entering into the merits and noting the consensus between the parties, the Court disposed of the writ petition with a direction to respondent No.2 to consider and decide the pending recall application after affording full opportunity of hearing, without granting unnecessary adjournments, preferably on the next date fixed and otherwise within two weeks thereafter.

Ratio / Principle

The Court clarified that if any of the parties does not cooperate in the early hearing, the Court shall be well within its rights to proceed further in accordance with law.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Hon'ble Jaspreet Singh, J.), WRIT - C No. 593 of 2025, decided 24.1.2025 (Neutral Citation 2025:AHC-LKO:4695): Learned counsel for the petitioners did not press Relief No.1 and confined the petition to Relief No.2 seeking expeditious disposal of a recall application pending before respondent No.2. Counsel for the parties raised no objection to an expedite order. Without entering into the merits and acting on the consensus between the parties, the Court disposed of the writ petition directing respondent No.2 to consider and decide the pending recall application after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably on the next date fixed and, if not possible, within two weeks thereafter. The Court made it clear that if any party does not cooperate in the early hearing, it would be well within its rights to proceed further in accordance with law.

Neutral Citation No. - 2025:AHC-LKO:4695

Court No. - 8

Case :- WRIT - C No. - 593 of 2025

Petitioner :- Shiv Kumar And Another Respondent :- State Of U.P. Through District Magistrate Gonda, And 8 Others Counsel for Petitioner :- Angrej Nath Shukla Counsel for Respondent :- C.S.C.,Indu Prakash Singh

Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioners. Notice on behalf of the respondents No.1 and 2 has been accepted by the office of the Chief Standing Counsel. Shri I.P. Singh, learned counsel has accepted notice on behalf of the respondent No.5.

Shri Angrej Nath Shukla, learned counsel for the petitioners, at the very outset, submits that he does not wish to press his relief No.1 and his petition may be considered only in respect of relief No.2 by which he seeks expeditious disposal of the recall application, which is pending before the respondent No.2.

In view of the aforesaid, Shri I.P. Singh as well as learned standing counsel submitted that they have no objection in case if an expedite order relating to the disposal of the recall application is made.

Considering the aforesaid and the consensus arrived at between the parties, this Court without entering into the merits of the case, disposes of the writ petition with a direction to the respondent No.2 to consider and decide the pending recall application after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably on the next date fixed and in case if the same is not possible then within two weeks thereafter.

It is made clear that in case if any of the parties does not cooperate in early hearing, the Court shall be well within its rights to proceed further in accordance with law.

With the aforesaid, the petition is disposed of .

Order Date :- 24.1.2025 Rakesh/-

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