MAYANK PRAKASH AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
WRIC/13007/2025 · 2025-05-05
Shekhar B Saraf, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46898 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46898 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:72031-DB Court No. - 40 Case :- WRIT - C No. - 13007 of 2025 Petitioner :- Mayank Prakash And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hasan Parvej Counsel for Respondent :- C.S.C.,Hasan Parvej Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Heard learned counsel for the parties. This is a writ petition under Article 226 of the Constitution of India, wherein the petitioners has challenged the order dated 04.04.2025, passed by the respondent No. 2, the District Magistrate/Additional District Magistrate, District Bareilly, and also have sought a direction to the court below to re-decide the Restoration Application of the petitioners filed in Suit No. 1428 of 2021 [Dewan Housing Finance Cooperation Limited Vs. Mayank Prakash and Another], on merits, which has been dismissed by the court below. Upon perusal of the impugned order, we are not satisfied with the supposed reason provided in the said impugned order. The impugned order appears to be bereft of any reason and is accordingly quashed and set aside with a direction given upon the District Magistrate/Additional District Magistrate to once again consider the restoration application and decide the same on merits after granting proper opportunity of hearing to the petitioners and also the respondent No. 3. With the above direction, the writ petition is disposed of. Order Date :- 6.5.2025 Arun K. Singh [Dr. Y.K. Srivastava, J.] [Shekhar B. Saraf, J.] Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad