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Neutral Citation No. - 2025:AHC:50521 Court No. - 35 Case :- WRIT - C No. - 10212 of 2025 Petitioner :- Satish Pathak Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saurabh Kumar Pandey 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:
"i. issue a writ, order or direction in the nature of mandamus directing State Authority not to execute the order dated 17.10.2023 passed by the respondent no.3 in Case No. 03236 of 2018, Computerize Case No. 201815060203236 (State Vs. Avadhesh ) Under Section 67 of Revenue Code, 2006 without following execution process is prescribed under law. ii. to issue a writ, order or direction in the nature of mandamus directing the respondent authorities not evict the petitioner from his possession over disputed land till final disposal of the restoration application dated 24.01.2024 pending before the respondent no.3 to recall the order dated 17.10.2023. iii.issue nature a writ, order or direction in the of mandamus directing respondent authorities/respondent no.2 to assure not to evict the petitioner from alleged possession over Plot No. 425 without following due procedure of law."
3. Contention of the learned counsel for the petitioner is that the aforementioned restoration application dated 24.01.2024 is pending before respondent no.3 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. 3, Assistant Collector-First Class/Tehsildar, Tehsil-Nizamabad, District- Azamgarh to consider and decide the aforementioned restoration application of the petitioner, in accordance with law, expeditiously, preferably within a period of three months 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. 6. Till disposal of the restoration application, parties are directed to maintain status quo. 7. It is made clear that petitioner will not seek undue adjournments and in case, the petitioner sought undue adjournment, the interim protection granted by this Court shall automatically be vacated.
Order Date :- 8.4.2025 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