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Neutral Citation No. - 2025:AHC:68873 Court No. - 50 Case :- WRIT - B No. - 1671 of 2025 Petitioner :- Awadhesh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Raj Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.
1. Heard Sri Raj Kumar Shukla, learned counsel for the petitioner and Sri Hari Mohan Srivastava, learned Addl. C.S.C. for the state-respondents.
2. The instant writ petition has been filed for the following relief:-
"Issue a writ, order or direction in the nature of mandamus, directing the court below to decide the Restoration Application No.68/2015 in Appeal No.510/2004 (Vimal vs. Ram Briksha), under Section 11(1) of the U.P. C.H. Act, pending in the court of Settlement Officer of Consolidation, Mau in respect to the plot situated in village Dubari, Pargana Natthupur, Tehsil Madhuban, District Mau within the stipulated period."
3. Counsel for the petitioner states that within-time restoration application dated 4.7.2015 filed on behalf of the petitioner to recall the order dated 20.6.2015, dismissing the appeal for want of prosecution, is pending before respondent no.2/Settlement Officer of Consolidation, Mau. He placed the certified copy of the order sheet of the pending proceeding, in order to demonstrate that the matter is not proceeding expeditiously.
4. 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.2/Settlement Officer of Consolidation, Mau to decide the aforesaid restoration application dated 4.7.2015, as expeditiously as possible, preferably within a period of 6 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 :- 1.5.2025/C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad