Nakul Kumar Nishad @ Nakul Kumar v. State of U.P. Thru. Addl. Chief Secy., Revenue, Lucknow and Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 6231 of 2023 Petitioner :- Nakul Kumar Nishad @ Nakul Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy., Revenue, Lucknow And Others Counsel for Petitioner :- Richa Tiwari Counsel for Respondent :- C.S.C. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the material placed on record. The instant petition under Article 227 of the Constitution of India has been filed with the prayer to direct the opposite party no. 2 to decide the recall application pending in Case No. RST/334/2013-2014(Computerized

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No. T201304230300009), filed under section 34 of the U.P.Revenue Act,1901, expeditiously, within stipulated period. Learned counsel appearing for the petitioner submits that the recall application of the petitioner is pending since last 10 years and the same has not been decided as yet. After arguing at length, learned counsel appearing for the petitioner submits that interest of justice would be sub-served if this Hon'ble Court may be pleased to direct the opposite party no. 2 to decide the recall application within the stipulated period of time as may be fixed by this court. Learned State counsel has no objection. Considering aforesaid innocuous prayer, the opposite party no. 2 is directed to decide the recall application pending in Case No. RST/334/2013-2014(Computerized

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No. T201304230300009), filed under section 34 of the U.P.Revenue Act,1901, of the petitioner within a period of one month, from the date a certified copy of this order is produced before it, in accordance with law,after affording opportunity of hearing to all the parties concerned, if there is no legal impediment. The aforesaid order is subject to cooperation of the petitioner. It is further provided that the authority concerned shall not grant any unnecessary adjournment to either of the parties. With the aforesaid observation, the instant petition stands disposed of. Order Date :- 13.12.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench