Natthu and 3 Others v. State of U.P. and 24 Others

Court No. - 47 Case :- WRIT - C No. - 31888 of 2023 Petitioner :- Natthu And 3 Others Respondent :- State Of U.P. And 24 Others Counsel for Petitioner :- Prashant Kumar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the parties and perused the record.

¶2The instant writ petition has been filed praying for a mandamus directing respondent No.2 - Sub Divisional Magistrate, Manikpur, District - Chitrakoot, to decide the Recall/Restoration Case No.T20220719031846 (Natthu and others vs. Satyanarayan), within stipulated period.

¶3It has been stated by learned counsel for the petitioners that against the order dated 24.3.1988, passed in proceedings u/s 229-B of U.P.Z.A. & L.R. Act, a restoration application has been filed by the petitioners dated

3.12.2021 but the same is still pending. Learned counsel for the petitioners has further contended that opposite party has put in appearance before the Court below. He prayed that the same may be decided expeditiously.

¶4No useful purpose would be served in keeping this petition pending.

¶5Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No.2 - Sub Divisional Magistrate, Manikpur, District - Chitrakoot, to consider and decide the aforesaid recall/restoration application, in accordance with law, expeditiously, preferably within a period of three months from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment. Order Date :- 13.10.2023 Rishabh [Manish Kumar Nigam, J.] High Court of Judicature at Allahabad