Madan and 3 Others v. Sub Division Officer and 11 Others

Court No. - 52 Case :- WRIT - C No. - 38051 of 2023 Petitioner :- Madan And 3 Others Respondent :- Sub Division Officer And 11 Others Counsel for Petitioner :- Suman Jaiswal Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Saurabh Srivastava,J.

¶1Heard Smt. Suman Jaiswal, 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.1 to decide Suit No. 331/2016, Computerized Case No. T20160544042736 (Madan and others vs. Smt. Meera and others), under Section 176 U.P.Z.A & L.R. Act read with Section 116 of U.P. Revenue Code, 2006 expeditiously.

¶3Learned counsel for petitioner submits that grievance of petitioner would sufficiently be met in case, the restoration application dated 13.07.2016 preferred by respondent no. 8 in suit no. 331 of 2016 (Madan and others vs. Smt. Meera and others) is considered and decided in a time bound manner by respondent no. 1.

¶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.1 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, the respondent no.1 is hereby directed to consider and decide the restoration application dated 13.07.2016 preferred by respondent no. 8 in suit no. 331 of 2016 (Madan and others vs. Smt. Meera 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 stands disposed of. Order Date :- 3.11.2023 Shaswat High Court of Judicature at Allahabad