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Neutral Citation No. - 2025:AHC:30469 Court No. - 34 Case :- WRIT - C No. - 6312 of 2025 Petitioner :- Khursida Bano Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kirt Raj Yadav Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed for following relief:-
"1. to issue a writ order or direction in the nature of mandamus commanding and directing the Respondent No 2 Naib Tahsildar, Tehsil Phulpur, District Azamgarh to decide the proceeding of Restoration / Recall application dated 22.11.2022 (Khursida Bano verses preferred against Ex-party order dated 19.10.2022 passed in mutation Case No. 419/2017 Computerize case No. T201715060300419 dated 23.01.2017 (Khursida BanoVersus Emaran) Under section 34/35 Uttar Pradesh Revenue Code, 2006. Mauja Newada Pargana Mahul Tahsil Phulpur District Azamgarh and any other writ order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case."
3. Contention of learned counsel for the petitioner is that restoration application against the order dated 19.10.2022 is pending since 22.11.2022 and petitioner is opposite party in the aforementioned application. He prayed that same may be decided expeditiously.
4. No useful purpose would be served in keeping this petition pending.
5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No.2 - Naib Tahsildar, Tehsil Phulpur, District Azamgarh to consider and decide the restoration application, in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after ensuring service upon the opposite parties as well as giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment. Order Date :- 4.3.2025/Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad