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2025 DAILYLAW 87614 (ALL)

SMT. ATWARI DEVI AND 4 OTHERS v. STATE OF U.P. AND 2 OTHERS

WRIC/28206/2025 · 2025-08-20

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:143530 Court No. - 34 Case :- WRIT - C No. - 28206 of 2025 Petitioner :- Smt. Atwari Devi And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Khalid,Pawan Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer; "Issue a writ order or direction in the nature of mandamus directing the Sub- Divisional Magistrate, Tehsil Kasya, District Kushinagar to decide the restoration application dated 21.07.2023 filed by the petitioners against the order dated 09.12.2022 passed by Sub-Divisional Magistrate, Tehsil Kasya, District Kushinagar in Case No. 3061 of 2022 (Computerized Case No. T- 202205440403061) (Bhagauti Vs. Smt. Atwari Devi), filed under section-116 UP. Revenue Code, 21006." 2. It is contended that a restoration application in partition suit filed under Section 116 of U.P. Revenue Code, 2006 is pending consideration before the respondent no. 2. The sole prayer made in writ petition for expeditious disposal of the same. 3. As no useful purpose would be served in keeping the matter pending or issuing notice to the private respondents, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit, with a direction upon respondent No. to decide the restoration application pending in Case No. 3061 of 2022 (Computerized Case No. T-202205440403061), 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 direction, present writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 21.8.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad