Moin Khan v. Sub Divisional Officer, Tehsil Patti, Pratapgarh and Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5457 of 2023 Petitioner :- Moin Khan Respondent :- Sub Divisional Officer, Tehsil Patti, Pratapgarh And Others Counsel for Petitioner :- Govind Kumar Chourasia Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J.

¶1In compliance of earlier order of this Court, Officer concerned is present before this Court.

¶2Affidavit filed by learned Standing Counsel in Court today is taken on record.

¶3Learned counsel for the petitioner states that the matter is pending before opposite party no. 1 - Sub Divisional Officer, Tehsil - Patti, District - Pratapgarh and due to some typographical error in the prayer clause, this fact could not been incorporated at the time of filing of present petition and the same may be permitted to be incorporated.

¶3The prayer sought has not been opposed by learned counsel for the side-opposite

¶4Considering the aforesaid, learned counsel for the petitioner is permitted to make necessary correction in the memo of the petition during course of the day.

¶5Present petition under Article 227 of the Constitution of India has been filed for the main relief which is to the effect that the Sub Divisional Officer, Tehsil - Patti, District - Pratapgarh be directed to decide the restoration application filed in case no. 7766/2022 (Computerized Case No.T202202570407766, Moin Khan versus Gaon Sabha & others) filed under section 24, U.P. Revenue Code 2006, expeditiously.

¶6Taking note of the averments made in the affidavit filed by learned counsel for State as also the fact that the application for recall, in issue, is pending since December, 2022, the present petition is disposed of with the direction to opposite party no. 1 - Sub Divisional Officer, Tehsil - Patti, District - Pratapgarh to consider and decide the application, in issue, expeditiously, after affording full opportunity of hearing to the parties, preferably within a period of three months, if possible and if there is no other legal impediment.

¶7To conclude the proceedings, the opposite party no. 1 shall avoid unnecessary adjournments.

¶8It 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.

¶9Appearance of the Officer concerned is dispensed with. Order Date :- 31.10.2023 Mohit Singh/- ..............................................(Saurabh Lavania,J.) High Court of Judicature at Allahabad, Lucknow Bench