Harihar Singh v. Tehsildar Tehsil Nawabganj Distt. Barabanki and Another

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 6458 of 2023 Petitioner :- Harihar Singh Respondent :- Tehsildar Tehsil Nawabganj Distt. Barabanki And Another Counsel for Petitioner :- Nisha Srivastava 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. 1 to decide the recall application dated 22-03-2018 pending in mutation Case No. T 201304120100022, under section 34/35 of the U.P. Revenue Code, 2006, pending before the opposite party no. 1, within time stipulated by this Hon'ble Court. Learned counsel appearing for the petitioner submits that the stay application of the petitioner is pending since the year 2018, but, even after passing of five years, 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. 1 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. 1 is directed to decide the recall application dated 22-03-2018 pending in mutation Case No. T 201304120100022, under section 34/35 of the U.P. Revenue Code, 2006 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 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 :- 22.12.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench