KANCHAN AND 2 OTHERS v. TEHSILDAR, TEHSIL- RUDAULI, AYODHYA AND OTHERS
A227/1131/2025 · 2025-03-04
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126079 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126079 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:12777 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 1131 of 2025 Petitioner :- Kanchan And 2 Others Respondent :- Tehsildar, Tehsil- Rudauli, Ayodhya And Others Counsel for Petitioner :- Vimal Kishor Singh,Premkant Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Supplementary affidavit filed by the learned counsel for the petitioners is taken on record. Heard learned counsel for the petitioners. Notice on behalf of the respondent No.1 has been accepted by the office of the Chief Standing Counsel. In view of the order proposed to be passed by this Court, notice to the private-respondents No.2 to 7 is dispensed with. By means of the instant petition, the petitioners seek expeditious disposal of restoration application dated 29.09.2022 filed in Mutation Case No.RST/4129/2022, Computerized Case No.T2022042304129, under Section 34 of the U.P. Revenue Code, 2006 pending before the respondent No.1. It is submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the restoration application has not yet been decided. Learned standing counsel has drawn the attention of the Court to the extract of the order-sheet and has pointed out that in majority of the dates, the proceedings before the respondent No.1 could not advance on account of the resolution passed by the Members of the Bar abstaining from judicial work. At this stage, learned counsel for the petitioners submits that the petitioners are ready to furnish an undertaking that they will not seek any unnecessary adjournment and shall also cooperate in the early disposal of the aforesaid case. Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.1 to consider and decide the pending restoration application dated 29.09.2022 filed in
Mutation Case No.RST/4129/2022, Computerized Case No.T2022042304129 most expeditiously, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably as expeditiously as possible. The petitioners shall also furnish an undertaking, as mentioned above, along with a copy of this order. In case, if the petitioners do not furnish the aforesaid undertaking, then they shall not be entitled to the benefit of this order.
It is made clear that the Court has not examined the case of either of the parties on merits and the respondent No.1 shall decide the restoration application, as aforesaid, strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 4.3.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench