Suresh Chandra v. Sub Divisional Magistrate Shikhokhabad And 9 Others

Court No. - 5

Case :- WRIT - C No. - 7981 of 2019

Petitioner :- Suresh Chandra Respondent :- Sub Divisional Magistrate Shikhokhabad And 9 Others Counsel for Petitioner :- Anoop Tiwari,Bhishm Pal Singh Counsel for Respondent :- C.S.C.

Hon'ble Ashok Kumar,J.

Heard learned counsel for the petitioner and learned Standing Counsel, who represents the respondent no.1.

The submission of learned counsel for the petitioner is that a suit being Suit No. 15 of 2017-18 (Suresh Chandra vs Ram Avtar and others) filed under Section 24 of U.P. Revenue Code, 2006 was decided by the Sub-divisional Magistrate, Shikohabad, District Firozabad, vide the order dated 13.04.2018.

Restoration application is filed by the respondent nos.5 to 9. The respondent no.1, Sub-Divisional Magistrate has considered the restoration application and rejected the same vide the order dated 09.10.2018 (annexure 8).

Learned counsel for the petitioner submits that another restoration application is filed by respondent no.5 alone on 12.11.2018 to recall the orders dated 13.04.2018 and 09.10.2018.

The contention of learned counsel for the petitioner is that on account of pendency of the second restoration application filed on 12.11.2018 the execution of the order dated 13.04.2018 is held up.

Having heard the learned counsel for the parties, the writ petition is disposed of by directing the respondent no.1 to dispose of the second restoration application filed on 12.11.2018 expeditiously preferably within a period of one month from the date of production of the certified copy of this order after providing opportunity of hearing to both the parties, in accordance with law.

The writ petition is disposed of.

Order Date :- 7.3.2019 A.Kr.*

Neutral Citation No. - 2019:AHC:37639