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2025 DAILYLAW 129739 (ALL)

FARHIN BANO v. TEHSILDAR BIKAPUR, AYODHYA AND ANOTHER

A227/1561/2025 · 2025-03-24

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16738 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1561 of 2025 Petitioner :- Farhin Bano Respondent :- Tehsildar Bikapur, Ayodhya And Another Counsel for Petitioner :- Ashish Kumar,Shyam Shankar Upadhyay Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. On being pointed out, learned counsel for the petitioner prays that he may be permitted to implead the necessary party and to do necessary corrections in the memo of petition. To the aforesaid prayer, no serious objection has been raised by the Shri Anurag Kumar Maurya, learned counsel for the State. Considering the prayer sought as also that the same has not been opposed, this Court is of the view that the prayer is liable to be acceded and is, accordingly, acceded. Learned counsel for the applicant is permitted to impead necessary parties as respondents and to make necessary correction in the memo of petition during the course of the day. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondent(s) is dispensed with. By means of the instant petition, the petitioners seek expeditious disposal of Application for restoration of Case No. 2961/2024 (Computerized Case No. T202404230302961), as appears from the record, instituted under Section 34 of U. P. Revenue Code, 2006, which is pending before the Tehsildar Bikapur, Ayodhya. The submission of learned counsel for the petitioner is that the application for restoration is pending since 2024 and in view of the fact the mutation case being summary in nature should be decided expeditiously the indulgence of this Court is required in the matter. Learned standing counsel submits that he has no objection in case an expedite order is passed. 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- Tehsildar Bikapur, Ayodhya to consider and decide the Restoration Application, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any adjournment to either of the parties preferably within a period of three months from the next date fixed in the case, if possible and if there is no other legal impediment in this regard. Ordered accordingly. It is made clear that this Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 24.3.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench