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2025 DAILYLAW 12506 (ALL)

JAGDISH SINGH AND 2 OTHERS v. SUB DIVISIONAL MAGISTRATE AND 2 OTHERS

WRIC/3034/2025 · 2025-03-02

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29316 Court No. - 34 Case :- WRIT - C No. - 3034 of 2025 Petitioner :- Jagdish Singh And 2 Others Respondent :- Sub Divisional Magistrate And 2 Others Counsel for Petitioner :- Raj Karan Patel Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant writ petition has been filed for following relief: "I. Issue a writ, order or direction in the nature of mandamus commanding and directing the Sub-Divisional Magistrate, Tehsil-Handia, District-Allahabad (Respondent no.1) to decide the Case no. 68 of 2009-17 as well as restoration application dated 26.02.2024 (Bachai Vs. Gaon Sabha & others) U/s 41 of U.P. Z.A. & L.R. Act and 24 of U.P. Revenue Code 2006, pending before Sub-Divisional Magistrate, Tahsil Handia, District Allaabad (Annexure no. 2) to this writ petition with in stipulated period at an early date as may be fixed by this Hon'ble court" 3. Contention of the learned counsel for the petitioners is that the aforementioned restoration application is pending before respondent no.1 for adjudication. He prayed that the same may be decided expeditiously. 4. No useful purpose would be served in keeping this petition pending. 5. The present petition stands disposed of finally with a direction to the respondent No. 1, Sub-Divisional Magistrate, Tehsil-Handia, District-Allahabad to consider and decide the aforementioned restoration application of the petitioners, 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 ensuring service upon all the respondents and after giving opportunity of hearing to the parties concerned provided that there is no other legal impediment. Order Date :- 3.3.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad