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2025 DAILYLAW 34953 (ALL)

SMT. SAROJ SINGH v. STATE OF U.P. AND 2 OTHERS

WRIC/9412/2025 · 2025-04-08

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52024 Court No. - 35 Case :- WRIT - C No. - 9412 of 2025 Petitioner :- Smt. Saroj Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Singh,Satyendra Kumar Pandey 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 reliefs:- "(a) Issue a writ, order or direction in the nature of certiorari quashing the order dated 19.12.2023 (Annexure No. 5 of the writ petition) and 05.02.2024 (Annexure No. 8 of the writ petition) passed by respondent No. 2 to restore the case on its original number and also direct the respondent No. 2 to decide the same on merits of the case after affording proper opportunity of hearing to concerned parties within a fixed period. (b) Issue a writ, order or direction in the nature of mandamus directing the authorities concerned as well as respondent No. 3, not to interfere in peaceful possession of the petitioner over the araji No. 208 and 341, otherwise, petitioner will suffer irreparable loss and injury." 3. Contention of learned counsel for the petitioner is that by order dated 19.12.2023 passed by respondent No. 2 not only restoration application filed by respondent No. 3 was allowed but the order of mutation has been passed in favour of respondent No. 3. 4. Learned Standing Counsel has submitted that against the order dated 19.12.2023, the petitioner has filed a restoration application on 05.01.2024 which is pending before respondent No. 2. and no useful purpose would be served in keeping this petition pending. The next date fixed in the restoration application is 18.04.2025. 5. Accordingly, the writ petition is disposed of with direction to respondent No.2 - Tehsildar, Handia, District- Prayagraj to consider and decide the restoration application filed by the petitioner, 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 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. 6. Till disposal of restoration application, effect and operation of order dated 19.12.2023 shall remain stayed. Order Date :- 9.4.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad