Vinod Kumar Singh v. State of U.P. and 4 Others

Court No. - 47 Case :- WRIT - C No. - 38944 of 2023 Petitioner :- Vinod Kumar Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anil Kumar Aditya 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 praying for a mandamus directing respondent No. 2 to decide the restoration case no. 1100 of 2023 (Arvind Kumar Singh & others Vs. Vinod), within stipulated period.

¶3Contention of learned counsel for the petitioner is that against an ex-parte order dated 25.04.2023, a restoration application has been filed by the petitioner on 14.06.2023, which is pending since then. It is further contended by learned counsel for the petitioner that opposite parties have appeared before the court below.

¶4From perusal of the order sheet, annexed as Annexure No. 5 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-Tehsildar (Judicial), Tehsil Rajatalab, District-Varanasi 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