RADHEY SHYAM AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIC/23153/2025 · 2025-07-20
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 76273 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76273 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:117789 Court No. - 34 Case :- WRIT - C No. - 23153 of 2025 Petitioner :- Radhey Shyam And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Karuna Nand Tiwari Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:-
"(A) Issue a writ order or direction in the nature of mandamus commanding and directing to the Sub Divisional Magistrate, Tehsil Nautanwan, District Maharajganj to decide the Restoration Application dated 11.09.2021 filed by respondent No.3 in Suit No. RST 01969 of 2019 Computerize Suit No. T201905470301969 of 2019 (Radhey Shyam and others Vs. Rudal) as well as suit pending in the Court of Sub Divisional Magistrate, Tehsil Nautanwan, District Maharajganj under Section 116 of U.P. Revenue Code, 2006, expeditiously within stipulated period."
2. It is contended by learned counsel for the petitioner that restoration application filed in proceedings under Section 116 of U.P. Revenue Code, 2006 is pending consideration before respondent no. 2 since 11.09.2021. The sole prayer made in the writ petition is for expeditious disposal of the same.
3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon respondent no. 2 to decide the restoration application dated 11.09.2021 pending in Suit No. RST 01969 of 2019, Computerize Suit No. T201905470301969 of 2019 (Radhey Shyam and others vs. Rudal), in accordance with law, after hearing all affected parties, preferably within a period of one month from the date of production of certified copy of this order.
4. With the aforesaid directions, writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 21.7.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad