Ajay Kumar v. State of U.P. and 2 Others

Court No. - 51 Case :- WRIT - C No. - 39877 of 2023 Petitioner :- Ajay Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gyanedra Pratap Singh,Manish Prajapati Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.

¶1Heard Mr. Manish Prajapati, learned counsel for the petitioner and Mr. Sarvam Dwivedi, learned Standing Counsel for the State-respondents.

¶2The instant petition has been filed for mandamus directing the respondent no.2 i.e. Nayab Tahsildar, Tahsil-Pindra, District-Varanasi to decide the restoration application dated 2.8.2022 in Case No.T202114700207692 (Rampatti Devi Vs. Shravan Kumar), under Section 34/35 of U.P. Revenue Code, 2006 within stipulated period.

¶3Learned counsel for the petitioner submitted that the aforementioned mutation case has been decided in ex-parte manner, accordingly, within time restoration application dated 2.8.2022 against the order dated

23.7.2022 has been filed, which is pending before the Tahsildar even after expiry of more than one year. He further submitted that the copy of order sheet of the case has been annexed as Annexure No.4 to the petition in order to demonstrate that the case is not proceeding expeditiously.

¶4Without expressing any opinion on merits of the case and keeping in view of the facts and circumstances, respondent no.2 is directed to decide the aforementioned restoration application dated 2.8.2022 in Case No.T202114700207692 (Rampatti Devi Vs. Shravan Kumar) after giving an opportunity of hearing to the parties in accordance with law expeditiously preferably within a period of two months from the date of production of certified copy of this order before him.

¶5Accordingly, the writ petition is finally disposed of.

¶6It is made clear that this Court has not expressed any opinion on the merit of the restoration application. Order Date :- 29.11.2023 Rameez High Court of Judicature at Allahabad