ATIK AHMAD AND ANOTHER v. STATE OF U.P. AND 4 OTHERS
WRIC/15147/2025 · 2025-07-10
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56256 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56256 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:111710 Court No. - 34 Case :- WRIT - C No. - 15147 of 2025 Petitioner :- Atik Ahmad And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Devbratt Yadav,Ram Pratap Yadav Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:-
"(i) Issue a writ order or direction in the nature of mandamus commanding the Extra Magistrate 2nd Azamgarh to consider the objection of the petitioners dated 19.03.2025 regarding maintainability of the restoration application on the point of limitation at first instance, filed in Case No. 348/363 of 2025 Rafik vs Abdul Kalam and others) in Case under section 229B of U.P.Z.A & L.R Act, in the better of justice. (ii) Issue a writ order or direction in the nature of mandamus extra magistrate Azamgarh not to proceed with the restoration application without deciding the question of limitation in filing the same, in the better interest of justice."
2. It is contended by learned counsel for the petitioner that in a declaratory suit filed under Section 229 -B of U.P. Z.A. & L.R. Act, which was decided. A restoration application has been filed which is pending consideration. The prayer made in the writ petition cannot be granted.
3. However, a direction is issued to the authority concerned to decide the restoration application in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order.
4. With the aforesaid directions, writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the matter on merits.
6. Sri A.P.Singh, Advocate is present for respondent No.4. Order Date :- 11.7.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad