Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 43076 of 2025 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard learned counsel for petitioner and learned Standing Counsel for State at length.
2. At this stage, Court finds that if restoration application was allowed and suit was restored to its original position vide order dated 12.07.2024, said Authority cannot dismiss the restoration application even there was a legal impediment and for that petitioner has to be heard on merit.
3. In aforesaid circumstances, impugned order dated 07.02.2025 is set aside and matter is remitted back to concerned respondent to pass a fresh order after hearing the petitioner on merit. Concerned respondent may also consider an issue that whether restoration application was barred by law or not.
4. Writ petition stands disposed of with above observations. March 19, 2026 N. Sinha Versus Counsel for Petitioner(s) : Salilendu Kumar Upadhyay Counsel for Respondent(s) : C.S.C. (Saurabh Shyam Shamshery,J.) Kanhaiyalal .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad