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Allahabad High Court

NAVEEN PRAKASH AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The High Court directed the District Magistrate, Azamgarh, to decide the recall application within three months of receipt of the certified copy of the order.

Summary

The petitioners filed a writ petition seeking a direction to the District Magistrate of Azamgarh to decide a recall application dated 11 July 2022, which sought to set aside an ex parte order passed on 6 July 2022 in Statutory Appeal No. 17/2010-11. The petitioners argued that despite filing the recall application soon after the appeal was dismissed, the District Magistrate had not issued any effective order on the application. The High Court examined whether it could issue a mandatory direction to a subordinate authority to decide a pending application. Finding no impediment, the Court directed the District Magistrate to dispose of the recall application within three months of receiving a certified copy of the judgment. The petition was consequently disposed with the said direction.

Issues considered

  • Whether the High Court can direct the District Magistrate to decide a pending recall application of an ex parte order.

Subjects

  • writ petition
  • recall application
  • ex parte order
  • district magistrate
  • direction
  • procedural law

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                WRIT - C No. - 11210 of 2026

                                    Naveen Prakash And 2 Others
                                                                                                        .....Petitioner(s)
                                                                          Versus
                                    State Of U.P. And 3 Others
                                                                                                      .....Respondent(s)

                                    Counsel for Petitioner(s)                      :   Arpit Mishra
                                    Counsel for Respondent(s)                      :   Abhishek Krishna, C.S.C.

                                    Court No. - 37
                                                           HON'BLE VINOD DIWAKAR, J.

                                    1. Heard Shri Arpit Mishra, learned counsel for the petitioners, Sri Abhishek
                                    Krishna, learned counsel for respondents No. 3 & 4 and learned Standing
                                    Counsel for respondent No.1.

                                    2. The present petition has been filed by the petitioners, seeking a direction
                                    to the District Magistrate, Azamgarh to decide the recall application dated
                                    11.7.2022 bearing Case No. RST/2979/2023, filed by the applicants in
                                    Statutory Appeal No. 17/2010-11 (Naveen Prakash vs. Chairman, Nagar
                                    Palika Parishad, Azamgarh) which was decided ex parte by the District
                                    Magistrate, vide order dated 6.7.2022.

                                    3. Learned counsel for the petitioner submits that the petitioner has filed the
                                    said recall application for recall of the ex parte order, soon after dismissal of
                                    the appeal and since then no effective order has been passed by the District
                                    Magistrate on the said recall application.

                                    4. In the given facts and circumstances, the petition is disposed of with a
                                    direction to the District Magistrate, Azamgarh to decide the recall
                                    application, filed by the petitioners, within a period of three months from the
                                    date of receipt of certified copy of this order.

                                    April 1, 2026
                                    Vandana
                                                                                                   (Vinod Diwakar,J.)




Digitally signed by :-
VANDANA GAUTAM
High Court of Judicature at Allahabad


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