Radhey Shyam v. State of U.P. and 19 Others

Court No. - 47 Case :- WRIT - C No. - 39262 of 2023 Petitioner :- Radhey Shyam Respondent :- State Of U.P. And 19 Others Counsel for Petitioner :- Rajnath Ydav Counsel for Respondent :- C.S.C.,Aditya Shankar Tewari,Bhupendra Kumar Tripathi,Dharmendra Kumar Tripathi,Kripa Shankar Prasad Hon'ble Manish Kumar Nigam,J.

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

¶2The instant writ petition has been filed praying for a mandamus directing respondent No.2 - Sub Divisional Officer, Tehsil - Badlapur, District - Jaunpur, to decide the restoration application dated 12.9.2022 filed by petitioner bearing Case No.RST-4152 of 2022 being Computerized Case No.T202214360204152, Pradeep Kumar vs. Gaon Sabha, within stipulated period.

¶3Contention of learned counsel for the petitioner is that against the order dated 5.2.2022 passed in proceedings u/s 67A of the U.P. Revenue Code, 2006, an application has been moved by the petitioner for recalling the aforesaid order on 12.9.2022, which is pending since then. 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.2 - Sub Divisional Officer, Tehsil - Badlapur, District - Jaunpur, to consider and decide the aforesaid case, in accordance with law, expeditiously, preferably within a period of three 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 there is no other legal impediment. Order Date :- 30.11.2023 Rishabh [Manish Kumar Nigam, J.] High Court of Judicature at Allahabad