Sunita Devi v. State of U.P. and 2 Others

Court No. - 51 Case :- WRIT - C No. - 39128 of 2023 Petitioner :- Sunita Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kanhaiya Lal Tiwari Counsel for Respondent :- CSC Hon'ble Chandra Kumar Rai,J.

¶1Heard Counsel for the petitioner and learned Standing Counsel for State-respondents.

¶2The instant writ petition has been filed praying for a mandamus directing respondent No.2, Tehsildar (Judicial), Tehsil Harraiya, District Basti to decide the restoration application dated 22.2.2021 in case No. RST/ 1195/ 2010-2011 and Computerized case No. T202117140102477 (Rajaram Vs. Jhinkan) under Section 209 (ज) of U.P. Revenue Code, 2006 within stipulated period.

¶3Counsel for the petitioner submitted that restoration application along with prayer for condonation of delay filed on behalf of the petitioner dated

22.2.2021 against the orders dated 12.11.2020 and 27.11.2020 is pending before respondent no.2.

¶4Copy of the order sheet has been annexed as Annexure No.2 to the writ petition in order to demonstrate that the case is not proceeding expeditiously.

¶5Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to respondent No.2, Tehsildar (Judicial), Tehsil Harraiya, District Basti to consider and decide the aforementioned restoration application in accordance with law expeditiously and preferably 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. Order Date :- 9.11.2023 Vandana Y. High Court of Judicature at Allahabad