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Neutral Citation No. - 2025:AHC:93473 Court No. - 35 Case :- WRIT - C No. - 18210 of 2025 Petitioner :- Rajendra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Singh Sengar Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla 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 certiorari quashing the impugned ex-parte
order dated 22.12.2023 passed by the Assistant Collector/ Tehsildar, Tehsil-Rasra, Ballia in Case No.5047 of 2023 Gram Sabha vs. Rajendra under section 67 U P Revenue Code' 2006 whereby evicted/dispossessed the petitioner from Arazi No.270 rakba 0.008 hect situated in village- Sahabalpur, Tehsil-Rasra, Ballia and imposed compensation Rs. 1800/- and execution charges Rs. 1000/- (Annexure No.1 to this writ petition). II). Issue a writ, order or direction in the nature of mandamus directing the Tehsildar, Tehsil- Rasra, Ballia to accept and consider the Restoration Application, sent through registered post dated 17.05.2025, for recalling the impugned ex-parte order dated 22.12.2023 and provide full opportunity of hearing to the petitioner before passing any order so that the justice may be done; otherwise the petitioner shall suffer irreparable loss and injury."
3. Contention of the learned counsel for the petitioner is that the aforementioned 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 to consider and decide the aforementioned 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 all the respondents and after giving opportunity of hearing to the parties concerned provided that there is no other legal impediment.
Order Date :- 30.5.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad