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2025 DAILYLAW 164605 (ALL)

SMT. SUDAMA DEVI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE, LKO. AND 4 OTHERS

A227/5558/2025 · 2025-09-16

Manjive Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5558 of 2025 Court No. - 30 HON'BLE MANJIVE SHUKLA, J. 1. Heard Sri Dharmendra Kumar, learned counsel appearing for the petitioner and learned Standing Counsel appearing for Respondents No. 1 and 2. 2. In view of the order proposed, notice to Respondents No. 3 to 5 is dispensed with. 3. The captioned writ petition has been filed by the petitioner interalia praying therein for the following relief:- "(i) issue a direction to the opposite party No. 2 i.e. Naib Tehsildar Bikapur, Tehsil Bikapur, District-Ayodhya to decide the pending restoration application dated 28.11.2024 filed by petitioner in case No. T201904230300192 under section 34 of the U.P. Revenue Code 2006 "Smt. Sudama Devi Versus Kismata & others" pending since 28.11.2024 expeditiously within stipulated period as early as possible" 4. Learned counsel appearing for the petitioner has submitted that the mutation case filed by the petitioner was dismissed for non prosecution on 7.11.2023 and the petitioner has filed application for recall of that order but the said application is pending before the Respondent No. 2 since the month of November, 2024 and has not been decided till date. 5. Learned Standing Counsel appearing for Respondents No. 1 and 2, at the very outset, has submitted that the ends of justice would be served if a direction is issued by this Court commanding Respondent No. 2 to consider and decide the the petitioner's application for recall of order Versus Counsel for Petitioner(s) : Dharmendra Kumar Counsel for Respondent(s) : C.S.C. Smt. Sudama Devi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And 4 Others .....Respondent(s) dated 7.11.2023 filed in case No. T201904230300192 under section 34 of the U.P. Revenue Code 2006, within a time frame fixed by this Court. 6. I have considered the submissions made by the learned counsels for the parties and I find that the prayer made by the petitioner in this petition is innocuous in nature, accordingly, this writ petition is finally disposed of with a direction to Respondent No. 2 to hear and decide the application for restoration filed by the petitioner in case No. T201904230300192 under section 34 of the U.P. Revenue Code 2006, expeditiously ,preferably within a period of three months from the date of presentation of a certified copy of this order. September 16, 2025 Anuj Singh A227 No. 5558 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench