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2025 DAILYLAW 15293 (ALL)

SHAFIK AHMAD AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIC/3394/2025 · 2025-03-03

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30595 Court No. - 34 Case :- WRIT - C No. - 3394 of 2025 Petitioner :- Shafik Ahmad And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shailendra Yadav Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for following relief:- "(i) Issue a writ order or direction in nature of mandamus directing the respondent No.2 to decide the Restoration/Recall Application filed in Case No.610/2018 Computer Case No.T201814360500610 (Ram Ashish vs. Malli Shekh) and Case No.611/2018 Computer Case No. T201814360500611 (Ram Ashish vs. Malli Shekh) Under Section 35 U.P. Revenue Code 2006, expeditiously as possible as within short stipulated period which is pending before Nayab Tehsildar Pesara, Tehsil Kerakat, District Jaunpur." 3. Contention of learned counsel for the petitioner is that restoration application filed by respondent No. 5 against the order dated 24.06.2024 is pending since 24.06.2024. He prayed that same may be decided expeditiously. 4. No useful purpose would be served in keeping this petition pending. 5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No.2 - Nayab Tehsildar Pesara, Tehsil- Kerakat to consider and decide the restoration application, in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment. Order Date :- 4.3.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad