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2025 DAILYLAW 58340 (ALL)

SMT. SHAKUNTALA DEVI v. STATE OF UTTAR PRADESH AND 4 OTHERS

WRIC/17173/2025 · 2025-05-26

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90432 Court No. - 35 Case :- WRIT - C No. - 17173 of 2025 Petitioner :- Smt. Shakuntala Devi Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Rajesh Kumar Vishwakarma Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for following reliefs:- " (i) Issue a writ order or direction, in the nature of certiorari quashing the impugned judgment/order dated 08.08.2023 passed by respondent no. 2 in suit no. 5913 of 2022 (report lekhpal Vs. Shakuntala Devi) bearing computerized case no. T 202214700205913 under section 67 U.P. Revenue Code 2006 filed as Annexure NO.1 to this writ petition. (ii) Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no. 2 to decide the restoration application dated 28.11.2024 in suit no. 5913 of 2022 (report lekhpal Vs. Shakuntala Devi) bearing computerized case no. T202214700205913 under section 67 of U.P. Revenue Code 2006. within stipulated period by this Hon'ble Court in the interest of justice." 3. Contention of learned counsel for the petitioner is that restoration application is pending since 28.11.2024. He prayed that same may be decided expeditiously. 4. No useful purpose would be served in keeping this petition pending. 5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No.2 - Assistant Collector (First Class)/ Tehsildar, Tehsil Pindara, Division-Varanasi, District- Varanasi to consider and decide the restoration application, 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 the opposite parties as well as giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment. Order Date :- 27.5.2025/Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad