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2025 DAILYLAW 72273 (ALL)

SANT LAL v. STATE OF U.P. AND 2 OTHERS

WRIC/21417/2025 · 2025-07-08

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:108906 Court No. - 34 Case :- WRIT - C No. - 21417 of 2025 Petitioner :- Sant Lal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pramod Kumar Mishra,Suneel Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:- "A. Issue a writ petition order or direction in nature of mandamus directing the respondent no.2/Tehsildar, Tehsil Sadar, District Mirzapur to conclude and decide the restoration application dated 09.10.2023 registered as Misc. Case No. 17988 of 2023, (Sant Lal Vs. State), filed in Case No.293 of 1998- 2018 (Prem Nath Vs. Ramnarayan and others), under section 34/35 of U.P. Revenue Code-2006 within stipulated period as this Hon'ble Court may deem fit and proper. B. Issue writ petition order or a direction in Mature of mandamus directing the respondent no.3 to not create any hindrance in peaceful possession of the petitioner over the Arazi no.84 area 0.038 hectare, situates at Village Kirtar Tara, Tappa 84, Pargana Kantit, Tehsil Sadar, District Mirzapur." It is contended that restoration application is pending in proceedings under Section 34/35 of the U.P. Revenue Code, 2006. 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 respondent no.2- Tehsildar, Tehsil Sadar, District Mirzapur to decide the restoration application pending in proceedings under Section 34/35 of the U.P. Revenue Code, 2006, after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of two 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 :- 9.7.2025 // SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad