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2025 DAILYLAW 42620 (ALL)

SINHASHAN AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIB/1414/2025 · 2025-04-16

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56310 Court No. - 50 Case :- WRIT - B No. - 1414 of 2025 Petitioner :- Sinhashan And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- M.S. Chauhan Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. M.S. Chauhan, learned counsel for the petitioners and Mr. Mridul Kumar, learned Standing Counsel for the State respondents. 2. The instant petition has been filed for the following reliefs:- "(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.4 to decide the restoration application dated 25.5.2024 filed by the petitioners against the ex- parte order dated 8.11.1989 passed by the Settlement Officer of Consolidation, Padrauna, Kushinagar in appeal No. 2657/2291, Kailash Vs. State, under Section 11 of U.P. Consolidation Act tracing out of records of aforesaid appeal within stipulated period as directed by this Hon'ble Court. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to trace out the records of decided appeal No. 2657/2291, Kailash Vs. State, under Section 11 of U.P.C.H. Act putting it before the Court of S.O.C. Padrauna Kushinagar." 3. Counsel for the petitioners submitted that time barred restoration application filed on behalf of petitioners to recall the order dated 8.11.1989 is pending before respondent no.4. He placed the copy of the order sheet of the pending proceeding in order to demonstrate that matter is not proceeding expeditiously, as such, appropriate direction be issued for expeditious disposal of pending time barred restoration application. 4. I have considered the arguments advanced by learned counsel for the petitioners and perused the records. 5. There is no dispute about the fact that restoration application filed by petitioner is time barred. 6. No case for expeditious disposal of time barred restoration application is made out. Writ petition is dismissed accordingly. Order Date :- 17.4.2025 Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad