Satyabhama Singh Thru. Poa Siyaram Singh v. Nayab Tehsildar Nagar, District-Ayodhya and Ors

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5100 of 2023 Petitioner :- Satyabhama Singh Thru. Poa Siyaram Singh Respondent :- Nayab Tehsildar Nagar, District-Ayodhya And Ors. Counsel for Petitioner :- Angrej Nath Shukla Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondents is dispensed with. The present petition has been filed for the following main relief:- "(a) to issue direction to Opposite Party no-1 to decide the Recall application i.e. Case No.9574/2021, Computerized Case No. T202104230109574, Smt. Satybhama Singh Vs Vipin Singh & others, filed on 29.07.2021 for recall of order dated 25.03.2021:" For the purposes of seeking main relief, quoted above, learned Counsel for the petitioner submitted that a mutation case was finally decided vide order dated 25.03.2021 and on coming to know about the order dated 25.03.2021, the petitioner preferred an application dated 29.07.2021 for recalling of order dated 25.03.2021 and the same is pending disposal till date and on account of pendency of the application in issue, the petitioner is suffering great hardship and mental agony. In these circumstances, the indulgence of this Court is required. The prayer is to expedite the said pending application. It is further submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided. Learned standing counsel submits that he has no objection in case an expedite order is passed. Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending. Accordingly, in the ends of justice the respondent No.-1/Nayab Tehsildar Nagar, District Ayodhya is directed to consider and decide the pending recall application in the of Case No.9574/2021, Computerized Case No. T202104230109574 (Smt. Satybhama Singh Vs Vipin Singh & others) most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably within three months from the next date fixed before it, if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either of the parties 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 :- 10.10.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench