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2025 DAILYLAW 103991 (ALL)

TEJBAL GUPTA v. STATE OF U.P. AND ANOTHER

A227/12298/2025 · 2025-10-08

Manish Kumar Nigam

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12298 of 2025 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the petitioner and perused the record. 2. The instant writ petition has been filed for following relief: "to issue a writ, order or direction in the nature of mandamus directing to the learned Additional District Judge Obra-Sonbhadra to decide the Restoration Application No.159 of 2022 as Misc. Case No.73 of 2022 alongwith Application Under Section 5 readwith Section 17 of the Indian Limitation Act, Tejbal Gupta Vs. Van Vibhag, Village-Kota, Paragana- Agori, Tehsil-Obra, District-Sonbhadra in Misc. Appeal No.4378 of 1992 Van Vibhag Vs. Shyamnarayan after receiving the records of its courts below in pursuance of its order dated 25-06-2024, (Arising out of Case No.3091 of 1991, Shyamnarayan Vs. Van Vibhag decided on 30-03-1992, Under Section 4 of Indian Forest Act) pending since 12-12-2022 before him expeditiously within a stipulated time as fixed by this Hon'ble Court." 3. Contention of the learned counsel for the petitioner is that a restoration application is pending since 2022 and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously. 4. In view of above, no useful purpose would be served in keeping this petition pending. 5. Accordingly, the present petition stands disposed of finally with a Versus Counsel for Petitioner(s) : Anju Pandey, Ayush Kumar Gupta, Mithilesh Kumar Gupta Counsel for Respondent(s) : C.S.C. Tejbal Gupta .....Petitioner(s) State of U.P. and Another .....Respondent(s) direction to the Additional District Judge Obra-Sonbhadra to consider and decide the restoration application, in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after ensuring service upon all the concerned parties as well as giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. October 9, 2025 Ved Prakash A227 No. 12298 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad