Indrwati @ Indrawati v. State of U.P. and 3 Others

Court No. - 47 Case :- WRIT - C No. - 37928 of 2023 Petitioner :- Indrwati @ Indrawati Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Omkar Nath Rai Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.

¶1Heard learned Counsel for the parties and perused the record.

¶2The present petition has been filed for the following relief: I. A writ order or direction in the nature of mandamus commanding and directing the Respondent no.2 (Tehsildar, Tehsil Tamkuhiraj, District Kushinagar) to consider and decide the restoration application dated 08.04.2022 filed by petitioner for recalling the order dated 30.03.2022 passed in Case No.4084/2021 Computerized Case No.T2021054404084 (Indrwati alias Indrawati Vs. Satyawanpati alias Satyawan) under Section 35 of U.P. Revenue Code, 2006 within stipulated period which is pending since 8.4.2022."

¶3It has been contended by learned Counsel for the petitioner is that against the order dated 30.3.2022, petitioner has filed a restoration application on 8.4.2022 and the same is pending since then.

¶4Learned Counsel for the petitioner submitted that opposite party appeared before the court below. He prayed that the same may be decided expeditiously.

¶5From 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 and the opposite party has appeared before the court below, however, till date, the aforesaid case has not been decided.

¶6No useful purpose would be served in keeping this petition pending.

¶7Considering 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 the respondent No.2, Tehsildar, Tehsil-Tamkuhiraj, District-Kushinagar to consider and decide the aforementioned application in accordance with law within a period of two months from the date of production of 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 :- 9.11.2023 S. Singh High Court of Judicature at Allahabad