Waqf Alal Khair Waqf Ali Azhar Kabristan v. State of U.P. and 2 Others

Court No. - 47 Case :- WRIT - C No. - 37741 of 2023 Petitioner :- Waqf Alal Khair Waqf Ali Azhar Kabristan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gaurav Sisodia 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 - Sambhal, District - Sambhal, to decide the Restoration Application in Mutation Case No.RST/423/2023 being Computerized Case No.T202313740300423 (Waqf Alal Khair Waqf Ali Azhar Kabristan, Karbala vs Ziyarat Dada Makhdoom Saheb vs. Waqf Ziyarat Dada Makhdoom Shah), within stipulated period.

¶3Learned counsel for the petitioner stated that opposite party appeared before the Court below and the aforesaid restoration application is pending since 3.10.2022 for adjudication. 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 - Sambhal, District - Sambhal, 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 :- 1.11.2023 Rishabh [Manish Kumar Nigam, J.] High Court of Judicature at Allahabad