Pappu Tiwari v. Sub Divisional Officer, Lalgang, Pratapgarh and 5 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5390 of 2023 Petitioner :- Pappu Tiwari Respondent :- Sub Divisional Officer, Lalgang, Pratapgarh And 5 Others Counsel for Petitioner :- Alok Kumar Tripathi,Abdul Khabeer Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard. At the very outset, learned Counsel for the petitioner stated that inadvertently certain error has been crept in the prayer clause and and he may be permitted to correct the same. To the aforesaid, learned Standing Counsel has no objection. Learned Counsel for the petitioner is permitted to correct the same, during the course of the day. 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:- "i. direct the Sub Divisional Officer, Tahsil Lalganj, District Pratapgarh, the opposite party no.1, to decide Case No. RST/6/2016 (Computerized Case No T201802570204554) "Nanku Vs. Gaon Sabha" filed under Section 33/39 of U.P. Land Revenue Act, 1901, Recall application dated 20.02.2018 pending 2 before it expeditiously or within the time stipulated by this Hon'ble Court." Considering the facts of the case as also that an application for recall of order(s) dated

29.10.2009 and 09.05.2012 preferred by Gaon Sabha//respondent no.2, is pending consideration till date, though the proceedings of correction are summary in nature and should preferably be decided expeditiously, this Court is of the view that indulgence of this Court is required. Accordingly, the present petition is disposed of with direction to respondent No.-1/Sub Divisional Officer, Lalganj, District Pratapgarh to consider and decide the pending recall application in Case No. RST/6/2016, Computerized Case No T201802570204554 (Nanku Vs. Gaon Sabha), most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties 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 :- 19.10.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench