MADAN GOPAL JAISAWAL AND 2 OTHERS v. STATE OF U.P. AND 8 OTHERS
WRIC/14878/2025 · 2025-05-16
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54389 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54389 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:82265 Court No. - 35 Case :- WRIT - C No. - 14878 of 2025 Petitioner :- Madan Gopal Jaisawal And 2 Others Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Archana Srivastava,Arvind Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. The instant writ petition has been filed for following relief:
"(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 04.12.2024 passed by the respondent no.2/Upper Upzila Adhikari, Tehsil Sadar, District Varanasi in recall/restoration Case No.RST/3620/2024, under Section 41 U.P.L.R. & Z.A. Act (Computerized Case No.D202414700003620) in the interest of justice; (ii) to issue a writ, order or direction in the nature of mandamus directing the respondent no.2/Upper Upzila Adhikari, Tehsil Sadar, District Varanasi to decide the recall/restoration Case No.RST/3620/ 2024, under Section 41 U.P.L.R. & Z.A. Act (Computerized Case No.D202414700003620) expeditiously within a stipulated period as fixed by this Hon'ble Court in the interest of justice;"
3. Contention of the learned counsel for the petitioners is that an
order passed under Section 41 of the U.P. Z.A. & L.R. Act in the year 2015 has been recalled on an application filed by the respondent by the impugned order. After some arguments, learned counsel for the petitioners has submitted that the proceedings which have been reopened after restoration may be directed to be decided expeditiously.
4. Learned Standing Counsel has submitted that the proceedings are pending before respondent no.2 and a direction be given to the respondent no.2 to decide the proceedings in a time frame as may be prescribed by this Court.
5. The present petition stands disposed of finally with a direction to the respondent No. 2 to decide the proceedings, in accordance with law, expeditiously, preferably within a period of three months from the date of production of a certified copy of this
order after giving opportunity of hearing to the parties concerned provided that there is no other legal impediment.
Order Date :- 17.5.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad