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2025 DAILYLAW 57402 (ALL)

LALU PRASAD AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

WRIC/15372/2025 · 2025-05-20

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85960 Court No. - 35 Case :- WRIT - C No. - 15372 of 2025 Petitioner :- Lalu Prasad And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Ramsagar Yadav,Sanjay Kumar Dwivedi 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. issue a writ order or direction, in the nature of mandamus to direct the respondent No.2-Tehsildar, Tehsil-Gyanpur, District-Bhadohi to decide the restoration application of petitioner pending before him within stipulated period arising out of case No.2757 of 2023, computerized case No.T202316670402757 (Report Lekhpal Vs. Lalu Prasad and others) against the ex-parte order dated 28.10.2023 passed by respondent no.2. ii. issue a writ order or direction, in the nature of mandamus to direct the respondent No.2-Tehsildar, Tehsil-Gyanpur, District-Bhadohi do not interfere in peaceful possession of petitioners during pendency of present writ petition." 3. Contention of the learned counsel for the petitioners is that the restoration application is pending before respondent no.2 for adjudication. He prayed that the same may be decided expeditiously. 4. No useful purpose would be served in keeping this petition pending. 5. The present petition stands disposed of finally with a direction to the respondent No. 2, Tehsildar, Tehsil-Gyanpur, District-Bhadohi to consider and decide the restoration application of the petitioner, in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after ensuring service upon all the respondents, after giving opportunity of hearing to the parties concerned and after giving a reasonable opportunity of leading evidence in respect of their case provided that there is no other legal impediment. Order Date :- 21.5.2025 Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad