Court No. - 21
Case :- WRIT - B No. - 1679 of 2021 Petitioner :- Indrapal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohan Lal Pandey,Sanjay Kumar Chaurasia Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
Heard Sri Mohal Lal Pandy & Sri Sanjay Kumar Chaurasia, learned counsel for the petitioner, learned Standing Counsel represents respondent nos.1 & 2 and perused the record.
Instant writ petition has been filed by the petitioners beseeching early disposal of recall application dated 18.03.2015 moved by the petitioner in Case No.861 of 1700 of 2014 (State Vs. Gujrati), under section 9A(2) of UPCH Act and recall application dated 08.09.2016 filed by the petitioner in Case No.17 of 2015 (Lalmuni Vs. State), under section 42-A of UPCH Act.
It is submitted by counsel for the petitioner that since the date of filing of restoration application it is pending protracted without taking any fruitful steps to decide it earlier. It is further submitted that both the parties are present through their counsel before the court concerned.
Learned Standing Counsel has fairly contended that they have no objection if this Court issues a direction to the authority concerned for early disposal of aforesaid recall applications dated 18.03.2015 and 08.09.2016.
In this conspectus as above, no useful purpose would be served to keep this matter pending, therefore, this court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case as mentioned in the present writ petition, with a direction to Consolidation Officer, Sathiyaon-II, District Azamgarh (respondent no.2), before whom recall applications dated 18.03.2015 and 08.09.2016 is pending disposal, to decide the same expeditiously, preferably, within the period of three months from the date of receipt of copy of this order.
It is expected that it should be decided by reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments.
The petitioner shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad supported by an affidavit, which shall be verified by the concerned authority from the website of the High Court, Allahabad.
With the aforesaid observation, present writ petition is disposed of.
Order Date :- 7.10.2021 VKG