Rajendra Singh vs Sub Divisional Magistrate, Tahsil ...
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Allahabad High Court

Rajendra Singh vs Sub Divisional Magistrate, Tahsil ... on 23 May, 2025

Author: Saurabh Lavania

Bench: Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:30837
 
Court No. - 7
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3124 of 2025
 

 
Petitioner :- Rajendra Singh
 
Respondent :- Sub Divisional Magistrate, Tahsil Tarabganj, Gonda And Another
 
Counsel for Petitioner :- Ajeet Kumar Singh
 
Counsel for Respondent :- C.S.C.,Pankaj Gupta
 

 
Hon'ble Saurabh Lavania,J.
 

Heard learned counsel for the petitioner and Sri Yogesh Kumar Awasthi, learned State counsel.

In view of order proposed to be passed, issuance of notice to the private-respondent(s), if any, is hereby dispensed with.

The instant petition has been preferred seeking following main relief(s):-

"Wherefore, it is most respectfully prayed that this Hon'ble court may graciously be pleased to direct to O.P. No-1 to consider & decide the restoration application pending in Case No- 347 / 2025, Computerized Case No- T202508300600347, Under Section-104/105 of Uttar Pradesh Revenue Code-2006, Gaon Sabha Vs. Uday Raj Singh on or before date fixed i.e., 20.05.2025, and thereafter make endeavor to decide the case expeditiously in accordance with law contained as Annexure No-1, in the interest of justice.

It is further most respectfully prayed that this Hon'ble court may kindly be pleased to stay the operation of order dated 12.12.2018 passed by O.P. No-1 in Case No-3183/2017, Computerized Case No-T2017083047063183 till disposal of restoration application."

Taking note of the fact that the application for restoration filed alongwith an application for condonation of delay for recalling the order dated 12.12.2018 is pending consideration till date, this petition is disposed of with a direction to the respondent No.1/Sub Divisional Magistrate, Tahsil Tarabganj, Gonda to consider and decide both the applications in issue most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party preferably within a period of three months from the next date fixed in the case, if there is no other legal impediment in this regard, after taking note of the observations made by the Division Bench of this Court in the judgment dated 03.02.2022 passed in Writ Petition No. 6574 (Consolidation) of 2016 (Ram Prakash vs. Deputy Director of Consolidation, Hardoi & Others) as also by the Hon'ble Apex Court in the case of Noharlal Verma vs. Dist. Cooperative Central Bank Ltd. reported in (2008) 14 SCC 445, as per which, issue of condonation of delay should be decided first.

It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law.

With the aforesaid, the petition is disposed of.

Order Date :- 23.5.2025

Arun/-