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Neutral Citation No. - 2025:AHC:62242 Court No. - 35 Case :- WRIT - C No. - 11435 of 2025 Petitioner :- Radheyshyam Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Kumar Ojha Counsel for Respondent :- Bhupendra Kumar Tripathi,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 following relief:
"i. Issue a writ, order or direction, in the nature of mandamus directing the respondent No.2 to decide the restoration application filed by the petitioner for recalling the order dated 11.11.2024 and decree passed by Sub Divisional Magistrate Tehsil District Varanasi in case (Computer Case Pindra, No.9720/2022 No.T202214700209720) (Subhash Chandra Vs. Radheyshyam Mishra) (Subhash Chandra Vs. Radheyshyam Mishra) under section 116 of U.P. Revenue Code within stipulated period. ii. Issue a writ, order or direction, in the nature of MANDAMUS directing the respondent No.4 not to sell out the land in question (Bhumidhari land) i.e. Arazi No.335 Rakba 0.0770hect., Arazi No.368 Rakba 0.3100hect., Arazi No.399 Rakba 0.305hect., Arazi No.516 Rakba 0.1660hect., Arazi No.515 Rakba 0.1170hect. total five Gatas. and total rakba 0.9750hect. situated at Mauja Kaniyar, Pargana Pandrah, Tehsil Pindra, District Varanasi, otherwise it will be irreparable loss and injury to the petitioner. iii. Issue nature a writ, order or direction in the of mandamus directing the respondents to not to alienate the property from its original nature till the deciding the restoration application pending before the respondent No.2, otherwise it will irreparable loss and injury petitioner."
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 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 :- 24.4.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad