Shanichar Singh v. State of U.P. and 2 Others

Court No. - 47 Case :- WRIT - C No. - 38851 of 2023 Petitioner :- Shanichar Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Yadav,Pooja Singh Counsel for Respondent :- CSC 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 application dated 20.09.2023 in Case No. 3920 of 2022 (Computer Case No. T202216660203920) under Section 24 of the U.P. Revenue Code, 2006, within stipulated period.

¶3Contention of learned counsel for the petitioner is that against the order dated

08.08.2023 passed in proceedings under Section 24 of the U.P. Revenue Code, 2006, a restoration application has been filed by the petitioner on 20.09.2023 and same is pending since then. It is further contended by learned counsel for the petitioner that opposite party has appeared before the court below.

¶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-Sub Divisional Magistrate, Tehsil-Duddhi, District-Sonbhadra to consider and decide the restoration application, in accordance with law, expeditiously, preferably within a period of one month 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