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2026 DAILYLAW 6146 (ALL)

KARUNA PATI DUBEY AND 4 OTHERS v. STATE OF UP AND 2 OTHERS

WRIC/33995/2026 · 2026-09-07

Garima Prashad

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33995 of 2026 Court No. - 1 HON'BLE GARIMA PRASHAD, J. 1. Heard Sri Vimal Chandra Mishra, learned counsel for the petitioners and the learned Standing Counsel for the State. 2. By means of the present petition filed under Article 226 of the Constitution of India, petitioners have prayed for a writ of mandamus directing the Sub Divisional Magistrate-Aurai, Tehsil Aurai, District Bhadohi (Respondent No.2 herein) to decide the restoration application bearing Case No.2100 of 2023 computerized case No.T202316670602100 (Alok Kumar Vs. Kailashpati and Karunapati and others) filed under Section 209(h) of U.P. Revenue Code, 2006 which is pending since 15.04.2023. 3. Learned counsel for the petitioners has submitted that the petition filed under Section 176 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 was allowed by the revenue authority and final decree dated 7.5.2019 was passed in favour of the petitioners. However, private respondent No.3 filed a recall application which was dismissed by order dated 15.09.2022. Thereafter, respondent No.3 has again filed a second restoration application in the first restoration application and the same is pending before the respondent No.2 but no final decision has been taken till date. 4. Learned Standing Counsel for the State has no objection if the respondent No.2 is directed to decide the aforesaid restoration application in accordance with law. 5. In view thereof, this petition stands disposed of with a direction to respondent no.2/Sub Divisional Magistrate, Aurai, Tehsil Aurai, District Bhadohi to dispose of the aforesaid pending restoration application within Versus Counsel for Petitioner(s) : Gaurav Mishra, Vimal Chandra Mishra Counsel for Respondent(s) : C.S.C. Karuna Pati Dubey And 4 Others .....Petitioner(s) State Of Up And 2 Others .....Respondent(s) a period of six weeks from the date of production of a certified copy of this order, in accordance with law after hearing all the parties concerned. It is made clear that no unnecessary adjournment shall be granted without showing cause. September 8, 2026 Kuldeep WRIC No. 33995 of 2026 2 (Garima Prashad,J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad