Devendra Singh Vs State of U.P. Thru. Prin. Secy… — Writ and Judicial Review | Allahabad HC (2025)

Devendra Singh Vs State of U.P. Thru. Prin. Secy… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No. 2/Consolidation Officer, Akbarpur, District Ambedkar Nagar to consider and decide the recall/restoration application dated 23.11.2011 most expeditiously, after affording full opportunity of hearing and without unnecessary adjournment to either party, preferably within three months from the next date fixed in the case.

Issue for consideration

Whether a direction should issue to opposite party No. 2, the Consolidation Officer, Akbarpur, District Ambedkar Nagar, to decide the recall/restoration application dated 23-11-2011 (under Rule 109/42, C.H. Act, Case No. 58, Paramhans Singh v. State) expeditiously within a stipulated period.

Court's answer

Considering the facts and circumstances, the period of pendency of the recall/restoration application, and that the petitioner is a senior citizen aged about 63 years, the petition is disposed of with a direction to respondent No. 2/Consolidation Officer, Akbarpur, District Ambedkar Nagar to consider and decide the recall/restoration application dated 23.11.2011 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 three months from the next date fixed in the case.

Ratio / Principle

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.

Key takeaways

In view of the order proposed to be passed, issuance of notice to the private-respondent(s), if any, is dispensed with.ratio¶7

Detailed headnote1 paragraphs

Matters Under Article 227 petition (No. 2785 of 2025, Neutral Citation 2025:AHC-LKO:27688) by Devendra Singh before the High Court of Judicature at Allahabad, Lucknow Bench (Hon'ble Saurabh Lavania, J.), seeking a direction to the Consolidation Officer, Akbarpur, District Ambedkar Nagar (opposite party No. 2) to decide a recall/restoration application dated 23-11-2011 filed under Rule 109/42 (C.H. Act) in Case No. 58 in the name of Paramhans Singh v. State, annexed as Annexure No. 1. Notice to private respondents, if any, was dispensed with. Considering the period of pendency and that the petitioner is a senior citizen aged about 63 years, the Court, without examining the merits of either party, disposed of the petition by directing the Consolidation Officer to consider and decide the said application most expeditiously, after affording full opportunity of hearing and without granting unnecessary adjournment to either party, preferably within three months from the next date fixed in the case, clarifying that the Authority remains free to decide the matter strictly in accordance with law.

Neutral Citation No. - 2025:AHC-LKO:27688

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 2785 of 2025

Petitioner :- Devendra Singh Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Ambika Prasad Mishra Counsel for Respondent :- C.S.C.

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), if any, is hereby dispensed with.

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

"i-Issue an order or direction thereby commanding and directing to the opposite party No.2 i.e. Consolidation Officer Akbarpur District-Ambedkar Nagar to decide the recall/restoration application dated 23-11-2011 Under Rule 109/42 (C.H. Act) in case No. 58 in the name of Paramhans Singh Vs State expeditiously within some stipulated period fixed by this Hon'ble Court which is contained as Annexure No.1 to this petition."

Considering the facts and circumstances of the case and the period of pendency of the recall/restoration application in issue as well as the fact that the petitioner is a senior citizen aged about 63 years, this petition is disposed of with a direction to the respondent No.2/Consolidation Officer, Akbarpur, District- Ambedkar Nagar to consider and decide recall/restoration application dated 23.11.2011, indicated in prayer clause of this petition, 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 three months from the next date fixed in the case.

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 :- 12.5.2025 Arun/-

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