Sudarshan Ram v. State of U.P. and 9 Others

Court No. - 47 Case :- WRIT - C No. - 37133 of 2023 Petitioner :- Sudarshan Ram Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Shyam Sunder Maurya Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.

¶2The instant writ petition has been filed for following relief: "(i) issue a writ order or direction in the nature of mandamus directing the respondent no. 2 i.e. Sub-divisional Magistrate Jakhaniya, District Ghazipur to decide the restoration application dated 10.09.2021, in case No. 261/37 of 2012-13, Computerized case No. T2012142905350 (Sudarshan Vs. Bholanath and others), under section 176 U.P.Z.A. & L.R. Act, expeditiously as possible as within short stipulated period as may be fixed by this Hon'ble court which is pending before Sub-divisional Magistrate Jakhaniya, District Ghazipur."

¶3Contention of the learned counsel for the petitioner is that against the decree in the partition suit, a restoration application has been filed by the respondent no. 10 on 10.09.2021 and the same is pending. The petitioner is opposite party in the aforesaid restoration application.

¶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 Jakhaniya, District Ghazipur to consider and decide the aforementioned restoration application dated

10.09.2021, 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 that there is no other legal impediment. Order Date :- 30.10.2023 Ved Prakash (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad