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2025 DAILYLAW 36582 (ALL)

VIRENDRA TIWARI v. STATE OF U.P. AND 7 OTHERS

WRIC/9933/2025 · 2025-04-06

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49256 Court No. - 35 Case :- WRIT - C No. - 9933 of 2025 Petitioner :- Virendra Tiwari Respondent :- State Of U.P. And 7 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 following relief: "A- ISSUE, a writ order/ direction in the nature of suitable mandamus directing the court below/respondent no.2 to decide/ conclude and expedite the proceeding of case no. 14652 of 2024 (Computerized case No.T-202415090314652, (Old case No.6658 of 2022) (Old Computerized case No.T-202215090306658 (Virendra Tiwari Vs Narendra), under section- 209(H) of U.P. Land Revenue code- 2006, bearing case no.35 of 2004 against exparte order and same is pending since 27.08.2022, under section-209 (H) of U.P. Land Revenue code-2006 in the court of Respondent Magistrate, no.2/ Sub within Divisional limited Ballia, stipulated period of time to secure the ends of justice." 3. Contention of the learned counsel for the petitioners is that the aforementioned restoration application is pending before respondent no.2 for adjudication. He prayed that the same may be decided expeditiously. 4. No useful purpose would be served in keeping this petition pending. 5. The present petition stands disposed of finally with a direction to the respondent No. 2, Sub Divisional Magistrate, Ballia to consider and decide the aforementioned restoration application of 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 ensuring service upon all the respondents and after giving opportunity of hearing to the parties concerned provided that there is no other legal impediment. Order Date :- 7.4.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad