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2025 DAILYLAW 35981 (ALL)

VIRENDRA TIWARI v. STATE OF U.P. AND 5 OTHERS

WRIC/9801/2025 · 2025-04-10

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53423 Court No. - 35 Case :- WRIT - C No. - 9801 of 2025 Petitioner :- Virendra Tiwari Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sudist Kumar Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant writ petition has been filed for the following relief: "ISSUE, a writ order/ direction the nature of suitable mandamus directing the court below/respondent no.2 to decide/ conclude and expedite the proceeding of case no.14645 of 2024 (Computerized case No.T-202415090314645, Old No.6659 case of 2022) (Old Computerized Case No.T-202215090306659 (Virendra Tiwari Vs Narendra), under section-209 (H) of U.P. Land Revenue code-2006, bearing case nó. 31 of 2004 against exparte order and same is pending since 21.08.2022, under section-209 (H) of U.P.Land Revenue code-2006 in the court of Respondent no.2/Sub Divisional Magistrate District Ballia, within limited stipulated period of time to secure the ends of justice." 3. Learned counsel for the petitioner states that the aforesaid restoration application is pending since 2022. It is further contended that several dates have been fixed but the same has not been decided yet. He prayed that the 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 to consider and decide the aforementioned 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 all the opposite parties and giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 11.4.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad