Brijendra Prasad Tripathi v. State of U.P. Thru. Addl. Chief Secy. Revenue Civil Sectt. Lko.And 5 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 6512 of 2023 Petitioner :- Brijendra Prasad Tripathi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Civil Sectt. Lko.And 5 Others Counsel for Petitioner :- Shiv Kumar Pandey,Richa Tiwari Counsel for Respondent :- C.S.C. Hon'ble Shree Prakash Singh,J.

¶1Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents and perused the record.

¶2The instant petition has been filed with the following relief:- "i. to issue a order or direction to opposite party No. 2 to decide the recall application pending in the Case No. RST/05966/2018 (Computerized Case No. T201802570105966) 'Brijendra Prasad Tripathi and another Versus Mohd Saleem' under section 34 of U.P. Revenue Act, 1901 expeditiously within stipulated period in the interest of justice."

¶3The learned counsel appearing for the petitioner submits that the matter is pending consideration since 2011. He added that the interest of justice would subserve if this Hon'ble Court would be pleased to direct the respondent no.2 to decide the recall application pending in the Case No. RST/05966/2018 (Computerized Case No. T201802570105966) 'Brijendra Prasad Tripathi and another Versus Mohd Saleem' under section 34 of U.P. Revenue Act, 1901 within a stipulated period of time as may be fixed by this Court.

¶4The learned Standing Counsel has no objection to the contention aforesaid.

¶5In view of the aforesaid innocuous prayer, the respondent no.2 i.e. Tehsildar, Tehsil-Kunda, District-Pratapgarh, is hereby directed to decide the recall application pending in the Case No. RST/05966/2018 (Computerized Case No. T201802570105966) 'Brijendra Prasad Tripathi and another Versus Mohd Saleem' under section 34 of U.P. Revenue Act, 1901 within a period of six weeks, from the date a certified copy of this order is produced before it, in accordance with law, after affording an opportunity of hearing to all the parties, if there is no legal impediment.

¶6The aforesaid order is subject to cooperation of the petitioner.

¶7Accordingly, the instant petition is disposed of. Order Date :- 22.12.2023 Mohd. Sharif High Court of Judicature at Allahabad, Lucknow Bench