Ramakant Yadav and Another v. State of U.P. and 4 Others

Court No. - 47 Case :- WRIT - C No. - 42332 of 2023 Petitioner :- Ramakant Yadav And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prem Shankar Sharma,Avaneendra Kumar Counsel for Respondent :- C.S.C.,Azad Rai 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 praying for a mandamus directing respondent No. 2 to decide the restoration application in Computerized Case No. T202302030801303 (Case No. 1303/2023) (Jagat Bahadur and others Vs. Gram Panchayat and others) under Section 24 of the U.P. Revenue Code, 2006 within stipulated period.

¶3Contention of learned counsel for the petitioner is that he has filed a restoration application against an ex-parte order passed under Section 24 of the U.P. Revenue Code, 2006, which is pending. It has been further contended that opposite party has appeared before the court below.

¶5No useful purpose would be served in keeping this petition pending.

¶6Considering 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 - Up Ziladhikari Meja, District-Prayagraj to consider and decide the aforementioned 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, in case, the opposite party has not appeared the petitioner will ensure the presence of opposite party in the application and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 8.12.2023 Nitika Sri. (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad