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Neutral Citation No. - 2025:AHC:30717 Court No. - 34 Case :- WRIT - C No. - 4418 of 2025 Petitioner :- Hausila Tiwari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prashant Singh 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. The instant writ petition has been filed for following relief:
"I. issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 23-09-2024 passed by respondent no. 3 in case no.10055/2024 (Report Lekhpal Vs. Hausila Tiwari) Under Section 67 of U.P. Revenue Code. II. Issue a or writ order direction in the nature of mandamus directing and commanding the respondents not to recover alleged amount Rs. 22,44000/- along with interest 1,12,200/- III. Issue a writ order or direction in the nature of mandamus directing and commanding decide restoration application dated 23-12- 2024 within stipulated time filed in aforesaid case and not to dispossess from the Arazi No. 616kha."
3. Contention of the learned counsel for the petitioner is that against the ex-parte order dated 23.9.2024 passed in proceedings under Section 67 of the U.P. Revenue Code, 2006, the petitioner has filed a restoration application being Restoration Application No.RST-T202414700142301, which is pending before the respondent no.3. He prayed that the same may be decided expeditiously.
4. No useful purpose would be served in keeping this petition pending.
5. The present petition stands disposed of finally with a direction to the respondent No.3, Tehsildar/Assistant Collector, Tehsil-Sadar, District-Varanasi to consider and decide the aforementioned restoration application, in accordance with law, expeditiously,
preferably within a period of eight weeks from the date of production of a certified copy of this order after ensuring service upon all the respondents and after giving opportunity of hearing to the parties concerned provided that there is no other legal impediment. Order Date :- 4.3.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad