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2025 DAILYLAW 23569 (ALL)

AMBRISH AND 6 OTHERS v. STATE OF UTTAR PRADESH AND 4 OTHERS

WRIB/743/2025 · 2025-02-26

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27221 Court No. - 50 Case :- WRIT - B No. - 743 of 2025 Petitioner :- Ambrish And 6 Others Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Bipin Lal Srivastava Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Chandra Kumar Rai,J. 1.Learned counsel for the petitioners is permitted to make necessary correction in the prayer clause of the writ petition during course of the day. 2. Heard Mr. Bipin Lal Srivastava, learned counsel for the petitioner, Mr. Raj Kumar Singh, learned Standing Counsel for the State-respondents and Mr. Sunil Kumar Singh, learned counsel for the Gram Sabha. 3. The instant writ petition has been filed for the following relief: "(i). Issue a writ order or direction in the nature of mandamus directing the respondent6 No.2 to decide the restoration application No.2864 of 2024 and restoring the review application to its original number which is pending before the respondent N o.2 since 09.02.2022 in accordance with law. (ii) Issue a writ order or direction in the nature of mandamus directing the respondents to not to dispossessed the petitioners over the property in dispute during the pendency of the aforesaid review application before the Hon'ble Board of Revenue." 4. Learned counsel for the petiotner submitted that review application filed by petitioner before Board of Revenue has been dismissed in default, accordingly time barred restoration application No.2864 of 2024 has been filed before Board of Revenue, which is pending since 08.07.2024. He submitted that necessary direction be issued for expeditious disposal of the pending restoration application dated 08.07.2024. 5. I have considered the arguments advanced by the learned counsel for the parties and perused the record. 6. There is no dispute about the fact that time barred restoration application dated 08.07.2024 filed on behalf of the petitioner before Board of Revenue is pending for disposal. 7. Considering the entire facts and circumstances of the case, the instant writ petition stands disposed of finally directing the respondent No.2/ Board of Revenue to decide the restoration application No.2864 of 2024 dated 08.07.2024 filed on behalf of the petitioner in accordance with law expeditiously preferably within a period of six weeks from the date of production of certified copy of this order before him after affording opportunity of hearing to both the parties. Order Date :- 27.2.2025 PS* Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad