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2025 DAILYLAW 68272 (ALL)

SHAMIM AKHTAR v. STATE OF U.P. AND 3 OTHERS

A227/6362/2025 · 2025-06-30

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:100938 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6362 of 2025 Petitioner :- Shamim Akhtar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Singh Counsel for Respondent :- C.S.C.,Awadhesh Kumar Yadav Hon'ble Manish Kumar Nigam,J. 1. Heard Shri Ashok Kumar Singh, learned counsel for the petitioner, Shri Awadhesh Kumar Yadav, learned counsel for respondent no. 4, learned Standing Counsel for the State-respondents and perused the record. 2. The instant writ petition has been filed for the following relief: "i) issue an appropriate order or direction, directing the Civil Judge (J.D.) II, District Bhadohi to decide the Restoration application No. 5/2021 dated 4.1.2021 pending in Suit No. 414/2015, Shamim Akhtar Vs. State of U.P. and others within short and specific period. ii) Further may be pleased to direct the respondents to restraining the construction of Boundary wall over the Arazi No. 163, during the pendency of Restoration application No. 5/2021 dated 4.1.2021 in Suit No. 414/2015, Shamim Akhtar Vs. State of U.P. and others in the interest of justice." 3. Learned counsel for the petitioner states that the aforesaid restoration application is pending since 2021. It is further contended that several dates have been fixed but the same has not been decided yet. He prayed that the 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 Civil Judge (J.D.) II, District Bhadohi 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 opposite parties and giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 1.7.2025/Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad