Surya Bali v. State of U.P. and 3 Others

Court No. - 47 Case :- WRIT - C No. - 31755 of 2023 Petitioner :- Surya Bali Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- M. A. Siddiqui,Kalamuddin 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 - Tehsildar, Tehsil - Gyanpur, District - Bhadohi, to decide the restoration application dated 27.3.2023 (Surya Bali vs. Moolchand and others) recalling the order dtaed 14.3.2023 passed in Case No.T202316670400696, Mahesh Kumar vs. Moolchand, u/s 34 of U.P. Revenue Code, within stipulated period.

¶3Contention of learned counsel for the petitioner is that restoration application dated 27.3.2023 is pending in the Court of respondent No.2. 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 - Tehsildar, Tehsil - Gyanpur, District - Bhadohi, to consider and decide the aforesaid 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 :- 12.10.2023 Rishabh [Manish Kumar Nigam, J.] High Court of Judicature at Allahabad