Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 172323 (ALL)

CHHOTE LAL v. STATE OF U.P. AND ANOTHER

WRIB/4139/2025 · 2025-10-26

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 4139 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard learned counsel for the petitioner and Sri Anil Kumar Srivastava, learned Standing Counsel for the State. 2. The instant petition has been filed for the following relief:- "(i). To issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the Restoration Application filed by petitioner in Case No.RST/3007/2025 (Computer Case No.202554165331023007), (Chhote Lal Vs. As Mohammad), U/s 9A(2) of U.P. Consolidation of Holding Act, 1953 expeditiously and within stipulated period as fixed by this Hon'ble Court." 3. Learned counsel for the petitioner submitted that the title objection under Section 9A(2) of U.P.C.H. Act filed on behalf of the petitioner in January 2025 has been dismissed for want of evidence on 25.04.2025. He further submitted that the restoration application dated 14.08.2025 filed on behalf of the petitioner is pending before the Consolidation Officer. He further submitted that appropriate direction be issued to respondent no.2- Consolidation Officer, Lalganj, Mirzapur to decide the pending restoration application, in accordance with law. 4. Learned Standing Counsel for the State submitted that the restoration application is barred by limitation as such, unless delay in filing the restoration application is condoned, no direction can be issued for expeditious disposal of restoration application. Versus Counsel for Petitioner(s) : Krishna Mani Counsel for Respondent(s) : C.S.C. Chhote Lal .....Petitioner(s) State of U.P. and Another .....Respondent(s) 5. I have considered the arguments advanced by learned counsel for the petitioner and perused the records. 6. There is no dispute about the fact that the restoration application dated 14.08.2025 filed against exparte order dated 25.04.2025 is pending before the Consolidation Officer. 7. It is material to mention that delay in filing the restoration application is about 3 months as such direction for expeditious disposal can be issued by this Court. 8. Considering the facts and circumstances of the case, the instant petition is finally disposed of directing the respondent no.2-Consolidation Officer, Lalganj, Mirzapur to decide the restoration application dated 14.08.2025 considering the delay condonation matter first after affording proper opportunity of hearing to the parties as expeditiously as possible, preferably within a period of two months, from the date of production of a certified copy of this order. October 27, 2025 Mini WRIB No. 4139 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad