Neutral Citation No. - 2023:AHC:151230
Court No. - 51
Case :- WRIT - C No. - 22319 of 2023
Petitioner :- Haridwar Singh
Respondent :- State Of U.P. And 8 Others
Counsel for Petitioner :- Ashwani Kumar Pathak
Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Chandra Kumar Rai,J.
1. Heard Sri Ashwani Kumar Pathak, learned counsel for the petitioner, Sri
Utpal Kumar Nishad, learned Standing Counsel for the State-respondents and
Sri Sudhir Bharti, learned counsel for the respondent no.3 Gram Panchayat.
2. The instant petition has been filed for mandamus directing the respondent
no.2, to decide the second restoration application dated 23.08.2016 moved by
the petitioner in Case No.RST/670 of 2016, Computerized Case
No.D201805310003814(Ram Nagina Vs. Bhagwan Singh), under section 28
of U.P. Revenue Act, pending before him, within stipulated period.
3. Learned counsel for the petitioner submitted that against the ex-parte order
passed in the proceeding under section 28 of U.P. Land Revenue Act, the
second restoration application dated 23.08.2016 filed by the petitioner is still
pending before the respondent no.2. He further submitted that copy of the
order sheet has been annexed as Annexure No.5 to the petition in order to
demonstrate that the case is not proceeding expeditiously.
4. Without expressing any opinion on merits of the case and keeping in view
of the facts and circumstances, respondent no.2 is directed to decide the
aforementioned case on merits after giving an opportunity of hearing to the
parties in accordance with law expeditiously preferably within a period of two
months from the date of production of certified copy of this order before him,
without granting unnecessary adjournments to either of the parties.
5. Accordingly, the writ petition is finally disposed of.
Order Date :- 27.7.2023
VKG