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2025 DAILYLAW 141248 (ALL)

MANJEET SINGH THRU. POWER OF ATTORNEY SMT. RAKSHAPAL KAUR AND ANOTHER v. SUB DIVISIONAL OFFICER, TEHSIL PALIYA, KHERI AND OTHERS

A227/3059/2025 · 2025-05-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:30151 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3059 of 2025 Petitioner :- Manjeet Singh Thru. Power Of Attorney Smt. Rakshapal Kaur And Another Respondent :- Sub Divisional Officer, Tehsil Paliya, Kheri And Others Counsel for Petitioner :- Nazim Ali Siddique Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioners and learned State counsel. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. The instant petition has been preferred seeking following main relief(s):- "(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the learned Sub-Divisional Officer, Tehsil Paliya, District Kheri to expedite the proceedings and decide the restoration application dated 22.03.2024 filed by the petitioners in Case No. 3788 of 2020, Computerized Case No.T202010430603788 U/S 24 U.P. Revenue Code, 2006, titled Subha Awasthi Versus Balvinder Singh and others, for setting aside the ex-part judgment and order dated 19.08.2023 expeditiously within such time bound period as may be deemed fit, just and proper and fixed by this Hon'ble Court. (ii) Issue a writ, order or direction in the nature of ad-interim mandamus thereby staying the operation and implementation of the ex-parte judgment and order dated 19.08.2023 passed by the opposite party no.1 In Case No.3788 of 2020, Computerized Case No.T202010430603788 U/S 24 U.P. Revenue Code, 2006, titled Subha Awasthi Versus Balvinder Singh and others till the final disposal of the restoration application dated 22.03.2024 filed by the petitioners before the opposite party no.1." Considering the facts and circumstances of the case, period of pendency of the restoration application in issue dated 22.03.2024 and also the nature of the proceedings, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the respondent No.1/Sub- Divisional Officer, Tehsil Paliya, District Kheri to consider and decide the restoration application in issue dated 22.03.2024 most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party preferably within a period of three months from the next date fixed in the case, if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either party 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 :- 21.5.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench