Ram Kumar v. State of U.P. Thru. Prin. Secy. Revenue Deptt., Lucknow and 2 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5321 of 2023 Petitioner :- Ram Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lucknow And 2 Others Counsel for Petitioner :- Pramod Shukla Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. At the very outset, learned counsel for the petitioner stated that inadvertently in the prayer clause, the typographical error has been crept in, as such, he may be permitted to correct the said error during the course of the day. The prayer aforesaid is acceded, as the same has not been opposed. In view of above, learned counsel for the petitioner is permitted to carry out necessary amendment in the prayer clause of this petition during the course of the day. Heard learned counsel for the parties. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. By means of this petition, the petitioner seeks expeditious disposal of recall application seeking recall of the order dated

19.11.2019 passed in Case No. 03571/2019, Computerized Case No. T201904710203571 (Smt. Devmata vs. Ram Awadh), filed under Section 35(1)(Ga) of the U.P. Revenue Code, 2006, which is pending before the respondent No. 2/Nayab Tehsildar, Jagdishpur, Tehsil Musafirkhana, District Amethi. It is stated that the on coming to know about the order dated

19.11.2019 passed in Case No. 03571/2019, Computerized Case No. T201904710203571 (Smt. Devmata vs. Ram Awadh), an application for recall of the order dated 19.11.2019 was moved on 19.08.2020, which is pending till date as Case No. T201904710200890 and on account of pendency of the same, the petitioner, who is aged about 52 years, is suffering great hardship and mental agony. In these circumstances, the indulgence of this Court is required. The prayer is to expedite the proceedings of the application in issue. Learned State counsel submits that he has no objection in case an expedite order is passed. Considering the facts and circumstances of the case, 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. 2 to consider and decide the recall application, in issue, seeking recall of the order dated

19.11.2019 passed in Case No. 03571/2019, Computerized Case No. T201904710203571 (Smt. Devmata vs. Ram Awadh) most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party preferably within a period of three 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 :- 17.10.2023 Arun/- High Court of Judicature at Allahabad, Lucknow Bench