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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

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