Shivdatt v. State of U.P. and 2 Others

Court No. - 47 Case :- WRIT - C No. - 37715 of 2023 Petitioner :- Shivdatt Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anurag Upadhyay 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 - Commissioner Azamgarh, Division - Azamgarh, to decide the restoration application No.RST/1099/2022 being Computerized Case No.C202215000001099, Shivdatt vs. Additional District Magistrate and others, under Section 201 of U.P.Z.A. & L.R. Act, within stipulated period.

¶3Contention of learned counsel for the petitioner is that against an order dated 24.8.2022 passed in proceedings u/s 198(4) of the U.P.Z.A. & L.R. Act, a restoration application has been filed by the petitioner on 7.9.2022, which is pending before respondent No.2 since then. 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 - Commissioner Azamgarh, Division - Azamgarh, 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