Mainuddin v. Sub Divisional Officer Utraula Balrampur and 13 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 6395 of 2023 Petitioner :- Mainuddin Respondent :- Sub Divisional Officer Utraula Balrampur And 13 Others Counsel for Petitioner :- Panna Lal Gupta,Haider Mehdi,Subrat Gupta Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Shree Prakash Singh,J. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the material on record. By means of the instant petition, the petitioner has prayed for directing the respondent no.1 the Sub Divisional Officer, Utraula, District Balrampur to decide the recall/restoration application dated 24.5.2014 filed by the petitioner in Case No.302 "Gulsehra Vs. Mohd. Umar & others" under Section 229 (B) of U.P. Z.A. & L.R. Act, pending since 24.5.2014 in the court of Sub Divisional Officer, Utraula, District Balrampur expeditiously, within stipulated period of time, in accordance with law. Learned counsel for the petitioner submits that the matter pertains to the year 2014, but, the proceeding of the case has not been concluded yet. After arguing at length, learned counsel for the petitioner submits that interest of justice would be sub-served if this Hon'ble Court may be pleased to direct the respondent no.1 to decide the matter within the stipulated period of time as may be fixed by this Court. Learned State counsel has no objection to the submission aforesaid. Considering aforesaid innocuous prayer, the respondent no.1 is directed to decide the recall/restoration application dated

24.5.2014 filed by the petitioner in Case No.302 "Gulsehra Vs. Mohd. Umar & others" under Section 229 (B) of U.P. Z.A. & L.R. Act, within a period of three months, 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 the co-operation 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 observations, the instant petition stands disposed of. Order Date :- 21.12.2023 Ram Murti High Court of Judicature at Allahabad, Lucknow Bench