Devi Pal Yadav and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue and 2 Others

Court No. - 19 Case :- MATTERS UNDER ARTICLE 227 No. - 6190 of 2024 Petitioner :- Devi Pal Yadav And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue And 2 Others Counsel for Petitioner :- Lalji Yadav Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioners, learned State Counsel for opposite parties no. 1 & 2. In view of order being passed, notice to opposite party no. 3 stands dispensed with.

¶2Petition under Article 227 of the Constitution of India has been filed seeking a direction to the authority concerned for expeditious disposal of restoration /recall application preferred by petitioners against alleged ex parte order dated 29.06.2024.

¶3It has been submitted that the opposite party no. 3 had instituted proceedings under Section 30 of the Revenue Code, 2006 in which an ex parte order dated 29.06.2024 had been passed, against which the restoration application is pending since July, 2024 without even objections having been filed.

¶4It is submitted that there is grave danger of change of nature of property concerned and therefore expedite order was required to be passed.

¶5Considering aforesaid facts and circumstances, opposite party no. 2 i.e. Chief Revenue Officer, Pratapgarh is directed to decide the restoration application dated 22.07.2024 filed by petitioners in Case no. 2586 of 2022 Computerized Case No. D202202570002586 (Indra Pratap Pandey versus State of U.P.) expeditiously, preferably within a period of six weeks from the date a certified copy of this order is brought on record of proceeding after affording opportunity of hearing to all concerned.

¶6The aforesaid time frame shall be subject to cooperation by petitioners in early disposal of the application.

¶7In view of aforesaid directions, petition stands disposed of. Order Date :- 18.12.2024 Satish High Court of Judicature at Allahabad, Lucknow Bench