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2025 DAILYLAW 7604 (ALL)

GAURI SHANKAR v. STATE OF U.P. AND 4 OTHERS

WRIC/1740/2025 · 2025-02-19

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:24732 Court No. - 34 Case :- WRIT - C No. - 1740 of 2025 Petitioner :- Gauri Shankar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vidya Kant Tripathi Counsel for Respondent :- C.S.C.,Pradeep Singh Hon'ble Manish Kumar Nigam,J. 1. Case called out in the revised list. None appears on behalf of the petitioner to press this petition, however, learned Standing Counsel is present. 2. With the assistance of learned Standing Counsel perused the records of the writ petition. 3. This writ petition has been filed for the following relief: "i -Issue a writ, order or direction in the nature of mandamus direct the respondent No.2 to decide the Case No. 553 of 1979, computer Case No. D201816530005620 (Rama Shankar and others VS. Parsidhan and others) u/s 229B U.P.Z.A. and L.R. Act pending before Additional Sub District Magistrate Sadar, District, Mirzapur within a stipulated time bound period." 4. From the order-sheet annexed at page No. 22 of the writ petition, it appears that the suit was dismissed in default in the year 2018 and a restoration application being RST/05620/2018 is pending consideration. 5. Learned Standing Counsel submits that no useful purpose would be served in keeping this petition pending and a direction be issued to respondent No. 2 to decide the restoration application filed by the petitioner within a time frame as may be fixed by this Court. 6. 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-Additional Sub District Magistrate, Sadar, District- Mirzapur to consider and decide the restoration application- RST/05620/2018, 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 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 :- 20.2.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad