Naresh Kumar and 5 Others v. State of U.P. and 5 Others

Court No. - 48 Case :- WRIT - B No. - 3988 of 2023 Petitioner :- Naresh Kumar And 5 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anil Kumar Rai,Samarath Singh,Vishnu Singh Counsel for Respondent :- C.S.C.,Arun Kumar Pandey,Arvind Srivastava Iii Hon'ble Saurabh Shyam Shamshery,J.

¶1Heard Sri Vishnu Singh, learned counsel for petitioners and Sri Arvind Srivastava, Advocate for contesting-respondent.

¶2It is not doubt that petitioners remained lethargic, therefore, revision was dismissed in default and though it was restored but later on it was again dismissed in default and thereafter even restoration application was dismissed in default.

¶3Deputy Director of Consolidation has taken note of above facts and has rejected the restoration application of petitioners by means of impugned order dated 17.08.2023 being not maintainable.

¶4Learned counsel for petitioners submits that revision has to be heard on merit otherwise great prejudice would cause to petitioners, therefore, revision be restored to its original number with cost.

¶5Learned counsel appearing for contesting-respondent submits that petitioners were not active to pursue the revision and even some of revisionists have died but no substitution application was filed.

¶6Learned counsel for petitioners submits that at belated stage substitution application has already been filed.

¶7In aforesaid circumstances and in the interest of justice, impugned order dated 17.08.2023 is set aside. The Revision No. 204/13 is restored to its original number subject to payment of cost of Rs. 10000/- to Respondent-6 within a period of three weeks from today. Revisional Authority is directed to conclude hearing of revision expeditiously, preferably within a period of six months from today, if there is no legal impediment.

¶8With aforesaid observations/directions, the writ petition is disposed of. Order Date :- 12.12.2023 AK High Court of Judicature at Allahabad