Haridwar Singh v. State Of U.P. And 8 Others

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