Brajlal v. State of U.P. and 3 Others

Court No. - 47 Case :- WRIT - C No. - 40694 of 2023 Petitioner :- Brajlal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mustaqeem Ahmad Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.

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

¶2The writ petition has been filed for the following relief: "I. Issue a Writ order or direction in the nature of Certiorari quashing the restoration proceeding in suit no. 1932 of 2020 pending before respondent no.

3."

¶3Learned Standing Counsel raised a preliminary objection that a restoration application has been filed by the respondent on

02.08.2023 for recalling the order dated 07.01.2023. Since the restoration application is pending, there is no ground made out by the petitioner for quashing the restoration application.

¶4In view of the above, I am not inclined to interfere in the matter.

¶5Since the restoration application is pending and the petitioner is opposite party in the aforesaid restoration application, the same may be considered and decided by respondent no. 3-Tehsildar, Mahoba, District-Mahoba, 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 that there is no other legal impediment.

¶6With the aforesaid observation, the petition is disposed of. Order Date :- 4.12.2023 Nitika Sri. (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad