Upendra and Another v. State of U.P. and 3 Others

Court No. - 47 Case :- WRIT - C No. - 38670 of 2023 Petitioner :- Upendra And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Singh Yadav,Rohit Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.

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

¶2The instant writ petition has been filed praying for a mandamus directing respondent No.2 - Tehsildar, Tehsil - Kasimabad, District - Ghazipur, to decide the restoration application filed in Mutation Case No.01588/2020 being Computerized Case No.T202014291101588 (Upendra and another vs. Nand Lal and another), under Section 34 of U.P. Revenue Code, within stipulated period.

¶3Learned counsel for the petitioner submitted that opposite party has appeared before the Court below and the aforesaid restoration application is pending since 2021 for adjudication. He prayed that the same may be decided expeditiously.

¶4No useful purpose would be served in keeping this petition pending.

¶5Considering 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 - Tehsildar, Tehsil - Kasimabad, District - Ghazipur, to consider and decide the aforesaid restoration application, 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 and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment. Order Date :- 8.11.2023 Rishabh [Manish Kumar Nigam, J.] High Court of Judicature at Allahabad