Awadhesh Bahadur Singh Vs Sub Divisional Officer… — Writ and Judicial Review | Allahabad HC (2025)

Awadhesh Bahadur Singh Vs Sub Divisional Officer… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No.1/Sub Divisional Officer, Tehsil-Kunda, District Pratapgarh to consider and decide the applications dated 11/12.10.2022 and 27.02.2025 most expeditiously after affording full opportunity of hearing to the parties and without granting unnecessary adjournments, preferably within two months from the next date fixed in the case, if there is no other legal impediment.

Issue for consideration

Whether the Sub Divisional Officer, Tehsil-Kunda, District Pratapgarh should be directed to decide the recall application dated 11/12.10.2022 and the empleadment application dated 27.02.2025, pending in Case No.4866/2022, expeditiously.

Court's answer

Petition disposed of with a direction to respondent No.1 (Sub Divisional Officer, Tehsil-Kunda, District Pratapgarh) to consider and decide the applications dated 11/12.10.2022 and 27.02.2025 most expeditiously after affording full opportunity of hearing to the parties and without granting unnecessary adjournments, preferably within two months from the next date fixed in the case, if there is no other legal impediment.

Key takeaways

The Court has not examined the case of either party on merits; the Authority concerned shall be free to decide the matter strictly in accordance with law.obiter¶12

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Saurabh Lavania, J.) — Matters Under Article 227 No. 2302 of 2025, decided 22.4.2025. Petitioner Awadhesh Bahadur Singh sought a direction to the Sub Divisional Officer, Tehsil-Kunda, District Pratapgarh to decide his recall application dated 11/12.10.2022 and empleadment application dated 27.02.2025 in Case No.4866/2022 (computerized No.T202202570104866, "Ram Lakhan Vs. Adhyaksh Bhu. Pra. S. and others") pending before him. Considering the period of pendency of the applications and the age of the petitioner, the Court held that no fruitful purpose would be served in keeping the petition pending and disposed of it with a direction to the SDO to consider and decide the applications most expeditiously after affording full opportunity of hearing to the parties and without granting unnecessary adjournments, preferably within two months from the next date fixed in the case, if there is no other legal impediment. The Court expressly did not examine the case of either party on merits and left the Authority free to decide strictly in accordance with law. Issuance of notice to the private-respondents was dispensed with.

Neutral Citation No. - 2025:AHC-LKO:22521

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 2302 of 2025

Petitioner :- Awadhesh Bahadur Singh Respondent :- Sub Divisional Officer, Tahsil Kunda, Pratapgarh And Others Counsel for Petitioner :- Dileep Singh,Gaurav Rastogi Counsel for Respondent :- C.S.C.,Pankaj Gupta

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the petitioner and learned State counsel.

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

The instant petition has been preferred seeking following main relief(s):-

"(I) To direct the opposite party No.1 i.e. Sub Divisional Officer, Tehsil - Kunda, District Pratapgarh to decide the recall application dated 11/12.10.2022 as well as empleadment application dated 27.02.2025 in the case bearing Case No.4866/2022, computerized No.T202202570104866 "Ram Lakhan Vs. Adhyaksh Bhu. Pra. S. and others" pending before him, expeditiously within a stipulated period as fixed by this Hon'ble Court. (contained as Annexure No.1)."

Considering the facts and circumstances of the case, period of pendency of the application(s) in issue dated 11/12.10.2022 & 27.02.2025 and also the age of the petitioner, this Court is of the view that no fruitful purpose will be served in keeping this petition pending.

Accordingly, this petition is disposed of with a direction to the respondent No.1/Sub Divisional Officer, Tehsil- Kunda, District- Pratapgarh to consider and decide the application(s) in issue dated 11/12.10.2022 & 27.02.2025, indicated in prayer clause quoted above, most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party preferably within a period of two months from the next date fixed in the case, if there is no other legal impediment in this regard.

It is made clear that the Court has not examined the case of either party 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 :- 22.4.2025 Arun/-

Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench