Rakesh Kumar vs State Of U.P. And 5 Others
2023 Latest Caselaw 27525 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:192551
 
Court No. - 48
 

 
Case :- WRIT - B No. - 3453 of 2023
 

 
Petitioner :- Rakesh Kumar
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Ram Jeet Mishra
 
Counsel for Respondent :- C.S.C,Bhupendra Kumar Tripathi
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Heard learned counsel for petitioner and learned Standing Counsel for State.

2. Grievance of petitioner is that Recall/Restoration Application dated 10.08.2007 (Ramdas vs. State), under Section 48(1) of U.P. Consolidation of Holdings Act, 1953 read with Rule 109-A of U.P. Consolidation of Holdings Rules, 1954 in Appeal No. 616 (Ramdas and others vs. State and others) is pending before Deputy Director of Consolidation, Jaunpur and the same has not been decided till date.

3. I have perused the order sheet annexed alongwith this writ petition. On various dates the Advocates have not appeared on the ground of their call for abstention from judicial work. Therefore, the authority concerned cannot be put on fault.

4. At this stage, learned counsel for petitioner submits that petitioner undertake that on next as well as on subsequent dates either petitioner himself or his Advocate shall appear and will not take any adjournment.

5. Taking note of undertaking given by learned counsel for petitioner, this writ petition is disposed of that concerned authority shall take endeavour to decide above case expeditiously, preferably within a period of three months from today, if there is no legal impediment, taking note of judgment passed by Full Bench of this Court in Smt. Sivraji and others vs. Dy. Director of Consolidation, Allahabad and others, 1997 SCC OnLine All 505.

Order Date :- 6.10.2023

AK