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2025 DAILYLAW 27073 (ALL)

NAUSHAD AHMAD v. STATE OF U.P. AND 3 OTHERS

WRIC/6758/2025 · 2025-03-06

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33579 Court No. - 34 Case :- WRIT - C No. - 6758 of 2025 Petitioner :- Naushad Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- A.P.Singh 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:- "i. to issue a writ, order or direction in the nature of mandamus commanding the Chief Revenue Officer, Azamgarh/Additional Collector Land Revenue Azamgarh/respondent no.2 to decide the restoration application dated 24.04.2024 u/s 209(j) of the U.P. Revenue Code, 2006 filed by the petitioner in case no. 205/2024 (computer case no. D202415060000205 u/s 67 (5) of the U.P. Revenue Code, 2006 Naushad Ahmad Vs. Tehsildar within short stipulated time as fixed by this Hon'ble Court and till the disposal of the restoration application, no coercive action may be taken against the petitioner; (contained Annexure.no.1 to the writ petition)." 3. Contention of learned counsel for the petitioner is that against an ex-parte order dated 20.10.2023, the petitioner preferred an appeal on 23.01.2024 but the same was dismissed in default on 23.04.2024. Against the same order, a restoration application was filed by the petitioner on 24.04.2024 and the same is pending since then. 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 - Chief Revenue Officer, Azamgarh/Additional Collector Land Revenue Azamgarh to consider and decide the restoration application filed in appeal, in accordance with law, expeditiously, preferably within a period of four 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 :- 7.3.2025/Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad