SHIVRAJ AND 3 OTHERS v. STATE OF U.P. AND 8 OTHERS
WRIC/6569/2025 · 2025-03-04
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25903 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25903 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31781 Court No. - 34 Case :- WRIT - C No. - 6569 of 2025 Petitioner :- Shivraj And 3 Others Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Akhilesh Kumar,Ashutosh Kumar Gautam 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. This writ petition has been filed for following relief:-
"i) Issue a writ, order or direction in the nature of mandamus commanding and directing the Sub Divisional Magistrate, Tehsil Saidpur, District Ghazipur to decide the restoration application dated 29.8.2023 filed by the petitioners under order 9 Rule 4 C.P.C. and 209(J) U.P.R.C. preferred against the order dated 11.8.2023 passed by Sub Divisional Magistrate, Tehsil Saidpur, District Ghazipur in Case no. 117 of 2023 (Shivraj and others Vs. Rajnath and others) under section 116 of U.P. Revenue Code, 2006 expeditiously if possible within stipulated period to be fixed by this Hon'ble Court is pending since 29.8.2023 within stipulated period to be fixed by this Hon'ble Court."
3. Contention of learned counsel for the petitioners is that restoration application of the petitioners is pending since 29.08.2023. 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.3 - Sub Divisional Magistrate, Tehsil Saidpur, District Ghazipur 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 :- 5.3.2025/Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad