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2025 DAILYLAW 41483 (ALL)

BALWANTA v. STATE OF U.P. AND 2 OTHERS

WRIC/11283/2025 · 2025-04-15

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55652 Court No. - 35 Case :- WRIT - C No. - 11283 of 2025 Petitioner :- Balwanta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Singh Counsel for Respondent :- C.S.C.,Pradeep Singh 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:- "(i) Issue a writ order or direction in the nature of certiorari quashing the notice dated 01.04.2025 (Annexure 10 to the writ petition). (ii) Issue a writ order or direction in the nature of mandamus commanding the respondent no. 2 to decide the restoration application dated 22.09.2020 filed in case no. T202016670400560, report lekhpal Vs. Balwanta within stipulated period as this hon'ble court may deem fit and proper." 3. Contention of learned counsel for the petitioner is that an ex- parte order dated 07.03.2020 was passed in proceedings under Section 67 of the U.P. Revenue Code, 2006 against the petitioner. Against the order dated 07.03.2020, the petitioner filed a restoration application on 22.09.2020 and the same is pending consideration. During the pendency of the restoration application, a notice dated 01.04.2025 has been issued to the petitioner to remove his constructions in pursuance of order dated 07.03.2020 passed by the Tehsildar. It has been further contended by counsel for the petitioner that respondents ought to have waited for disposal of the restoration application filed by the petitioner before executing the order dated 07.03.2020. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending and a direction be issued to respondent No. 2 to consider and decide the restoration application within a time frame as may be fixed by this Court. 5. In view of the above, the writ petition is disposed of with direction to respondent No. 2- Assistant Collector First Class/ Tehsildar, Gyanpur, District- Bhadohi to consider and decide the restoration application, expeditiously, preferably within a period of three months from the date of production of certified copy of this order in accordance with law after providing opportunity of hearing as well as giving a reasonable opportunity of leading evidence to the parties in respect of their case. 6. Till the disposal of restoration application, petitioner shall not be evicted in pursuance of order dated 07.03.2020. 7. It is made clear that petitioner will co-operate in early disposal of the restoration application and will not seek any undue adjournment in the matter to keep the restoration application pending. In case, the petitioner seeks any unnecessary adjournment, the interim order granted by this Court shall stand automatically vacated. Order Date :- 16.4.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad