Jaibunnisha and Another v. State of U.P. and 3 Others

Court No. - 47 Case :- WRIT - C No. - 41807 of 2023 Petitioner :- Jaibunnisha And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Prakash Chaturvedi Counsel for Respondent :- CSC Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the parties and perused the record.

¶2The instant writ petition has been filed praying for a mandamus directing respondent No.2 - Tehsildar, Tehsil - Itwa, District - Siddharth Nagar, to decide the Recall Application registered as Case No. RST/1193 of 2007-08 being Computerized Case No.T200817630300005, Jaibunnisha vs. Siddiq, u/s 34 of the U.P. Revenue Code, within stipulated period.

¶3Learned counsel for the petitioner submitted that opposite party has appeared before the Court below and the aforesaid recall application is pending since 2017 for adjudication. He prayed that the same may be decided expeditiously.

¶4No useful purpose would be served in keeping this petition pending.

¶5Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No.2 - Tehsildar, Tehsil - Itwa, District - Siddharth Nagar, to consider and decide the aforesaid recall application, in accordance with law, expeditiously, preferably within a period of two months from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment. Order Date :- 5.12.2023 Rishabh [Manish Kumar Nigam, J.] High Court of Judicature at Allahabad