PARASNATH AND ANOTHER v. STATE OF U.P. AND 8 OTHERS
WRIB/1744/2025 · 2025-05-13
Chandra Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54061 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54061 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:79496 Court No. - 50 Case :- WRIT - B No. - 1744 of 2025 Petitioner :- Parasnath And Another Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Kailash Nath Singh Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J. 1.Heard Mr. Kailash Nath Singh, learned counsel for the petitioners and Mr.Hari Mohan Srivastava, learned Standing Counsel for the State-respondents. 2.The instant writ petition has been filed for the following relief:
"(i). Issue a writ, order or direction in the nature of mandamus commanding the respondent No.2/ Settlement officer of Consolidation, Jaunpur to decide the restoration application dated 28.12.2023 filed by the petitioner in Appeal No.53/53 of 2-022-23 (Parasnath Vs. Ram Nihor) U/S 11 (1) of U.P.C.H. Act, within stipulated time as directed by this Hon'ble Court (Annexure No.1 to the Writ Petition)."
3. Learned counsel for the petitioner submitted that appeal under Section 11 (1) of U.P.C.H. Act filed at the instance of the petitioner was dismissed for non prosecution on 21.12.2023. He further submitted that within time restoration application dated 28.12.2023 filed at the instance of the petitioners is pending before respondent No.2/Settlement officer of Consolidation, Jaunpur. He further placed the certified copy of the restoration application as well as order sheet of the pending proceeding annexed as Annexure Nos.3 and 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, Jaunpur to decide the aforementioned restoration application dated 28.12.2023 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. Order Date :- 14.5.2025 PS* Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad