Smt. Kailashi and Another v. State of U.P. Thru. Prin. Secy., Deptt. of Revenue, Lucknow and Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5552 of 2023 Petitioner :- Smt. Kailashi And Another Respondent :- State Of U.P. Thru. Prin. Secy., Deptt. Of Revenue, Lucknow And Others Counsel for Petitioner :- Nijam Ahamad Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondent(s) is dispensed with. Present petition has been filed for the following main relief:- "(i) Issue a direction to the opposite party No. 2 i.e. Sub Divisional Officer, Jalalpur, Ambedkar Nagar to decide the pending restoration application dated 7.6.2022 filed by petitioners in case No. T202104040200493 under section 24 of the U.P. Revenue Code 2006 "Kailashi & another Versus Gaon Sabha & another" in respect of Gata No. 217M/0.235 hectare situated at Village-Naripur, Mehnajpur, Pargana-Akbarpur, Tehsil-Jalalpur, District-Ambedkar Nagar, pending before him since 7.6.2022 expeditiously within stipulated period as early as possible." Taking note of the facts as indicated in the present petition as also the period of pendency of application for restoration dated

07.06.2022, this Court is of the opinion that no gainful purpose will be served in keeping the present petition pending. Accordingly, the present petition is disposed of with direction to respondent No.2-Sub Divisional Officer, Jalalpur, Ambedkar Nagar, to consider and decide Restoration Application dated

7.6.2022 in Case No.T202104040200493, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of three months from the next date fixed in the case, if there is no other legal impediment. It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 31.10.2023/Vinay/- High Court of Judicature at Allahabad, Lucknow Bench