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2025 DAILYLAW 45895 (ALL)

SHIV SURAT MISHRA v. STATE OF U.P. THROUGH SECRETARY (HOME) U.P.AT LUCKNOW AND 4 OTHERS

WRIB/1793/2025 · 2025-05-07

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74495 Court No. - 50 Case :- WRIT - B No. - 1793 of 2025 Petitioner :- Shiv Surat Mishra Respondent :- State Of U.P. Through Secretary (Home) U.P.At Lucknow And 4 Others Counsel for Petitioner :- Achchhey Lal Tiwari Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Counsel for the petitioner is permitted to make necessary corrections in the prayer clause of the writ petition during the course of the day. 2. Heard Sri Achchhey Lal Tiwari, learned counsel for the petitioner and Sri Hari Mohan Srivastava, learned Addl. C.S.C. for the state-respondents. 3. Learned counsel for the petitioner concedes his prayer in respect to prayer no.(i) only, which runs as under:- "(i) Issue a writ, order or direction in the nature of mandamus, commanding and directing the respondent no.1-A/Deputy Director of Consolidation, Jaunpur to decide the restoration application in Revision No.2249/2023 (Shiv Surat and Another vs. Consolidation Committee, Village Khanpur, Jaunpur), pending in the court of Consolidation Committee, Jaunpur, within stipulated time." 4. Counsel for the petitioner states that restoration application, filed on behalf of the petitioner on the very same day, when the revision filed by the petitioner was dismissed for non-prosecution, is pending before respondent no.1- A/Deputy Director of Consolidation, Jaunpur since 19.10.2023. He submitted that appropriate direction be issued for the expeditious disposal of the restoration application dated 19.10.2023 within a time-bound period. 5. I have considered the arguments advanced by learned counsel for the petitioner and perused the records. 6. There is no dispute about the fact that the within-time restoration application dated 19.10.2023 filed by the petitioner is pending before respondent no.1-A since 19.10.2023. 7. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this petition is disposed of with the direction to respondent no.1-A to decide the aforesaid within-time restoration application dated 19.10.2023, as expeditiously as possible, preferably within a period of 4 weeks, from the date of production of a certified copy of this order before the authority concerned, after affording proper opportunity of hearing to the parties concerned, in accordance with law. Order Date :- 8.5.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad