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2025 DAILYLAW 43906 (ALL)

RAJESH KUMAR BARNAWAL v. STATE OF U.P. AND 12 OTHERS

WRIB/1456/2025 · 2025-04-20

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:58338 Court No. - 50 Case :- WRIT - B No. - 1456 of 2025 Petitioner :- Rajesh Kumar Barnawal Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Dhirendra Singh Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Dhirendra Singh, learned counsel for the petitioner, Sri R.C. Srivastava, learned Addl. C.S.C. for the state-respondents and Sri Rameshwar Prasad Shukla, learned counsel for the respondent-gaon sabha. 2. The instant writ petition has been filed for the following relief:- "Issue a writ, order or direction in the nature of mandamus, commanding the Settlement Officer of Consolidation, Mau (respondent no.2) to ensure the hearing of Restoration Application No.155 of 2020 filed against an ex-parte order dated 21.10.2016 passed by the Settlement Officer of Consolidation, Mau in Appeal No.1186 of 2017 (Suresh vs. Jagdish), filed under Section 11(1) of the U.P. C.H. Act and decide the same within stipulated time." 3. Counsel for the petitioner submitted that against the ex parte order passed in appeal under Section 11(1) of the U.P. C.H. Act, a time-barred restoration application filed on behalf of the petitioner is pending before respondent no.2/Settlement Officer of Consolidation, Mau. He further placed the copy of the order-sheet of the pending proceeding in order to demonstrate that matter is not proceeding expeditiously. 4. I have considered the arguments advanced by learned counsel for the parties and perused the records. 5. There is no dispute about the fact that the restoration application filed on behalf of the petitioner is time-barred. 6. No case for expeditious disposal of the time-barred restoration application is made out. 7. The writ petition is dismissed. Order Date :- 21.4.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad