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Neutral Citation No. - 2025:AHC:71623 Court No. - 35 Case :- WRIT - C No. - 11507 of 2025 Petitioner :- Chandrama Prasad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Nageshwar Prasad Pandey,Yogesh Mishra Counsel for Respondent :- Azad Rai,C.S.C. 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 or direction in the nature of certiorari for quashing the impugned
order dated 18-03-2025 passed by Respondent No. 3 (Sub-Divisional Magistrate (Judicial), Tehsil-Koraon, District-Prayagraj), in case No. RST/4552/2024 Computerized Case No. T202402030904552 (Chandrama Vs. Ram Chandra and others) U/s 116 of U.P. Revenue Code, 2006."
3. Contention of the learned counsel for the petitioner is that recall application filed by the petitioner was allowed by order dated 12.03.2025. Against the order dated 12.03.2025, a restoration application was filed by the respondent no. 5 and the same was allowed by order dated 18.03.2025 whereby the operation of order dated 12.03.2025 has been stayed.
4. Learned Standing Counsel has submitted that since the restoration application filed by respondent no. 5 is pending, before respondent no. 3, 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. 3 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 :- 5.5.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad