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2025 DAILYLAW 70385 (ALL)

SAURABH SINGH YADAV AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

WRIC/20641/2025 · 2025-07-09

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109929 Court No. - 34 Case :- WRIT - C No. - 20641 of 2025 Petitioner :- Saurabh Singh Yadav And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devbratt Yadav,Ram Pratap Yadav Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:- "(i) Issue a writ order or direction in the nature of mandamus commanding the Tehsildar Tehsil Maitha District Kanpur Dehat to decide the Restoration Application bearing Case No. RST/1673 OF 2022 Computerized No.T202203400701673 (Shakuntla Devi v. Saurabh and Others) filed under section 35 of U.P. Revenue Code 2006 in time frame without any further delay and till the disposal of the case aforesaid contesting respondent may be directed not to create any third party Right in regard to land in dispute, in the better interest of justice." It is contended that restoration application is pending in proceedings under Section 35 of the U.P. Revenue Code, 2006 which is registered as Case No.RST/1673 of 2022 (Computerized No.T202203400701673). Learned counsel for the petitioner submits that the said restoration application may be decided expeditiously. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit, the matter is being disposed of, at the admission stage, with a direction upon authority concerned to decide the restoration application pending in proceedings under Section35 of the U.P. Revenue Code, 2006, registered as Case No.RST/1673 of 2022 (Computerized No.T202203400701673), after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of three months from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 10.7.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad