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2025 DAILYLAW 108579 (ALL)

BINDESHWARI SHARAN v. SETTLEMENT OFFICER OF CONSOLIADTION DISTRICT PRAYAGRAJ AND 9 OTHERS

WRIB/4508/2024 · 2025-03-20

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41914 Court No. - 50 Case :- WRIT - B No. - 4508 of 2024 Petitioner :- Bindeshwari Sharan Respondent :- Settlement Officer Of Consoliadtion District Prayagraj And 9 Others Counsel for Petitioner :- Arvind Kumar Srivastava,Sampanna Kumar Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard learned counsel for the petitioner, Mr. Rajesh Kumar Sharma as well as Sunil Kumar Singh, learned counsels for Respondent No.4, Mr. Azad Rai, learned counsel for respondent No.10- Gaon Sabha and Mr. Deepak Kumar Verma, learned counsel for respondent Nos. 2, 3, 5, 7, 8 and 9 are present. . 2. Respondent No.4/ Ram Nihor is present before this Court in compliance of the order of this Court dated 11.03.2025. 3. The instant writ petition has been filed for the following relief; "(a) to issue a writ order or direction in the nature of mandamus directing the respondent no.1/ Settlement Officer of Consolidation, District Prayagraj to decide the recall/restoration application as Case No.32 of 2019 (Bindeshwari Sharan Vs. Ram Bahadur and others) expeditiously as possible as soon as within a stipulated period as fix by this Hon'ble Court in the interest of justice. " 4. This Court directed the Settlement Officer of Consolidation, Prayagraj to submit report in the matter. 5. In compliance of the order of this Court, report dated 01.03.2025 has been submitted by the Settlement Officer of Consolidation, Prayagraj. 6. Counsel for the petitioner submitted that restoration application dated 19.12.2019 filed on behalf of the petitioner against the order dated 11.08.1983 passed in the allotment of chak proceeding is pending before the Respondent No.1 Settlement Officer of Consolidation, Prayagraj. He submitted that appropriate direction be issued for expeditious disposal of restoration application dated 19.12.2019. 7. I have considered the arguments advanced by the learned counsel for the petitioner and perused the record. 8. There is no dispute about the fact that the restoration application dated 19.12.2019 has been filed to recall the order dated 11.08.1983 with delay of 36 years. There is also no dispute about the fact that the impugned order dated 11.08.1983 was passed in the allotment of chak proceeding. 9. Since the restoration application filed by the petitioner is barred by limitation of 36 years, as such, no direction can be issued for the expeditious disposal of the restoration application. 10. Considering the entire facts and circumstances of the case, the writ petition is dismissed. Order Date :- 21.3.2025 SFH Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad