Krishna Prasad and 3 Others v. State of U.P. and 7 Others

Court No. - 47 Case :- WRIT - C No. - 38807 of 2023 Petitioner :- Krishna Prasad And 3 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Sanjeet Kumar Mishra Counsel for Respondent :- C.S.C.,Azad Rai 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 praying for a mandamus directing respondent No. 2 to decide the Case No. 225 of 2017 (Krishna Prasad and others Vs Krishna Mohan and others) (Computerized Case No. T201702323081019) under Section 116 of the U.P. Revenue Code, 2006 within stipulated period.

¶3Contention of learned counsel for the petitioner is that suit under Section 116 of U.P. Revenue Code, 2006 was decided, against which respondent Nos. 4 to 8 have filed a restoration application, which is pending.

¶4From perusal of the order sheet, annexed as Annexure No. 4 to the writ petition, it appears that several dates have been fixed by the Court concerned, however, till date, the aforesaid case has not been decided.

¶5No useful purpose would be served in keeping this petition pending.

¶6Considering 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 Officer, Tehsil Meja, District-Allahbad to consider and decide the 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 that there is no other legal impediment. Order Date :- 8.11.2023 Nitika Sri. (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad