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2026 DAILYLAW 16015 (ALL)

SMT SHASHI DEVI v. STATE OF U.P. AND 4 OTHERS

WRIC/29550/2026 · 2026-10-07

Chandra Kumar Rai

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 29550 of 2026 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Sri Girraj Singh, learned counsel for the petitioner and Sri Indra Mani Kushwaha, learned standing counsel for the state- respondents. 2. The instant writ petition has been filed for the following reliefs:- "(i) Issue a writ, order or direction in the nature of certiorari, quashing the impugned order dated 22.5.2026, passed by respondent no.2 in Case RST No.5710 of 2025 (Computerized Case No.T202518210305710) (Akla Yadav vs. Umesh and Others). (ii) Issue a writ, order or direction in the nature of mandamus, directing the respondent no.2 to give the share of the petitioner on the front side. (iii) Issue a writ, order or direction in the nature of mandamus, directing the respondent no.2 to consider and decide the representation of the petitioner dated 11.6.2026." 3. Counsel for the petitioner submitted that restoration application dated 11.6.2026 filed on behalf of the petitioner against the judgment and decree dated 22.5.2026/3.6.2026, passed in suit for division of holding, is pending before respondent no.2/Sub Divisional Magistrate, as such, appropriate direction be issued for the expeditious disposal of the pending application. Versus Counsel for Petitioner(s) : Girraj Singh Counsel for Respondent(s) : C.S.C. Smt Shashi Devi .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 4. I have considered the arguments advanced by learned counsel for the petitioner and perused the records. 5. There is no dispute about the fact that against the judgment and decree passed in the suit for division of holding, restoration application filed on behalf of the petitioner is pending wherein notice/summon has been issued to the other side. 6. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this petition is disposed of with the direction to respondent no.2 to decide the aforesaid restoration application filed on behalf of the petitioner on 11.6.2026, as expeditiously as possible, preferably within a period of 4 months, from the date of production of a certified copy of this order before the authority concerned, after affording proper opportunity of hearing to the parties concerned, in accordance with law. October 8, 2026 C.Prakash WRIC No. 29550 of 2026 2 (Chandra Kumar Rai,J.) Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad