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2025 DAILYLAW 79193 (ALL)

DAYA SHANKER TIWARI v. STATE OF UP AND 8 OTHERS

WRIC/31635/2025 · 2025-09-10

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31635 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This writ petition has been filed with the following prayer:- "1. issue a writ order or direction in the nature of mandamus directing the respondent no.2 to decide the the Restoration/Recall application dated 07.05.2025 of petitioner filed against the ex-parte orders dated 15.06.2024 and 28.11.2024 passed by Up Ziladhikari Phoolpur District Prayagraj arising out of suit no.3802/2024 Shiv Prasad Tiwari Versus Gaon Sabha and others Under Section 116 of U.P.Revenue Code Act within some specific period as this Hon'ble Court may deem fit and proper, under the facts and circumstances of the case, So that justice may be done, so that justice may be done." 2. It is contended that restoration application is pending in proceedings under Section 116 of the U.P. Revenue Code, 2006. Learned counsel for the petitioner submits that the said restoration application may be decided expeditiously. 3. 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-Up Ziladhikari, Phoolpur, District- Prayagraj to decide the restoration application dated 07.05.2022 pending in proceedings under Section 116 of the U.P. Revenue Code, 2006, after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of one month from the date of production of certified copy of this order. Versus Counsel for Petitioner(s) : Ashok Kumar Singh Bais Counsel for Respondent(s) : Azad Rai, C.S.C. Daya Shanker Tiwari .....Petitioner(s) State Of Up And 8 Others .....Respondent(s) 4. With the aforesaid direction, present writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the case on merit. September 11, 2025 SK Goswami WRIC No. 31635 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad