Satyavan v. The State of U.P. and 4 Others

Court No. - 47 Case :- WRIT - C No. - 32480 of 2023 Petitioner :- Satyavan Respondent :- The State Of U.P. And 4 Others Counsel for Petitioner :- Sunil Kumar Pandey 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 for following relief: "(I) Issue a writ order or direction in the nature of mandamus to direct the respondent authority No. 3, to decide the petitioner's restoration application which is pending in suit no. 2332 of 2022 Md Shafi Ahmad Vs Ganga U/S 34 U.P.LR. Act 2006, within short stipulated period."

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

27.06.2023 passed in mutation proceedings under Section 34 of U.P. Revenue Code, 2006, the petitioner has moved an recall application on 06.07.2023, which is pending consideration. He prayed that the same may be decided, expeditiously.

¶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. 3/ Assistant Tehsildar Manihari Jakhaniya, District Ghazipur to consider and decide the aforementioned restoration application, in accordance with law, expeditiously, preferably within a period of four 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 :- 22.11.2023 Ved Prakash (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad