Jagdish Lal v. State of U.P. and 10 Others

Court No. - 52 Case :- WRIT - C No. - 27298 of 2022 Petitioner :- Jagdish Lal Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Shyam Murari Upadhyay Counsel for Respondent :- C.S.C.,Azad Rai Hon'ble Saurabh Srivastava,J.

¶1Heard Sri Shyam Murari Upadhyay, learned counsel for petitioner and learned Standing Counsel for the State-respondents.

¶2Present writ petition has been filed seeking a direction in the nature of mandamus to be issued in favour of the respondent no.2 to decide restoration application of petitioner filed on 22.02.2018 in original suit no. 05 of 2009-2010 (Jagdish Lal vs. Trilok Nath and others) expeditiously.

¶3Learned counsel for petitioner submits that grievance of petitioner would sufficiently be met in case, the restoration application dated 22.02.2018 is considered and decided in a time bound manner by respondent no. 2.

¶4Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending and an appropriate direction may be issued to respondent no.2 to consider the grievance of the petitioner.

¶5Be that as it may, without entering into the merits of the case as well as if there is no other legal impediment available, respondent no.2 is hereby directed to consider and decide restoration application filed by petitioner on dated 22.02.2018 in original suit no. 05 of 2009-2010 (Jagdish Lal vs. Trilok Nath and others), as expeditiously as possible, preferably within a period of six months from the date of production of certified copy of this order, after affording proper opportunity of hearing to all the parties.

¶6With the aforesaid directions, the writ petition is disposed of. Order Date :- 16.10.2023 Shaswat High Court of Judicature at Allahabad