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2025 DAILYLAW 51566 (ALL)

AWADHESH v. STATE OF UP AND 2 OTHERS

WRIB/1701/2025 · 2025-05-04

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71178 Court No. - 50 Case :- WRIT - B No. - 1701 of 2025 Petitioner :- Awadhesh Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Raj Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J. 1.Heard Mr. Raj Kumar Shukla, learned counsel for the petitioner and Hari Mohan Srivastava, learned Additional Chief Standing Counsel for the State-respondents. 2.The instant writ petition has been filed for the following relief: "(i). Direct the court below to decide the Restoration Application No.69 of 2015 in Appeal No.512 of 2004 (Vimal Versus Kusum) Under Section 11 (1) of Land holding Act pending in the court of Consolidation Officer, Mau of the land situated in Village- Dubari, Pargana-Natthupur, Tehsil-Madhuban, District-Mau within stipulated period as directed by this Hon'bale Court." 3. Learned counsel for the petitioner submitted that the within time restoration application dated 04.07.2015 filed on behalf of the petitioner to recall the order dated 20.06.2015 dismissing the appeal for non prosecution is pending before respondent No.2/Settlement Officer of Consolidation, Mau. He further placed certified copy of the order sheet of the pending proceeding, annexed as Annexure No.4 to the writ petition in order to demonstrate that the case is not proceeding expeditiously. 4. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to respondent No.2/Settlement Officer of Consolidation, Mau to consider and decide the aforementioned petitioner's within time restoration application dated 04.07.2015 in accordance with law expeditiously and preferably within a period of six weeks from the date of production of certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties. Order Date :- 5.5.2025 PS* Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad