2023 Supreme(Online)(ALL) 17615
ALLAHABAD HIGH COURT
JITENDRA KUMAR PATHAK – Appellant
Versus
STATE OF U.P. AND 3 OTHERS – Respondent
WPIL 1102 2023
Court No. - 52
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1102 of
2023
Petitioner :- Jitendra Kumar Pathak
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Sandeep Kumar Dubey
Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Kshitij Shailendra,J.
1. Though a prayer has been made in the present petition that
Case No.60 of 2012 under Section 122-B of the U.P. Zamindari
Abolition & Land Reforms Act-1950 (wrongly mentioned as
"U.P. Land Revenue Code") be directed to be decided
expeditiously, I find that the aforesaid case was already decided
on 31.03.2012 and, thereafter, a recall application has been filed
by Chandramani Pathak i.e. respondent no.4 on 15.06.2012
which is pending.
2. Learned counsel for the petitioner also admits that it is not an
original case but the restoration application which is pending
for the last more than ten years.
3. Having heard learned counsel for the parties, the present
petition in the nature of public interest litigation is being
disposed off directing the court concerned to consider the recall
application filed by Chandramani Pathak i.e. respondent no.4
on 15.06.2012 in Case No.60 of 2012 within a period of three
months from the date a certified copy of this order is produced
before the said court, after giving full opportunity of hearing to
the respondent no.4 Chandramani Pathak, in accordance with
law.
Order Date :- 16.5.2023
Jyotsana
Digitally signed by :-
JYOTSANA SINGH
High Court of Judicature at Allahabad