The High Court directed the concerned authorities to decide the petitioner's pending Restoration Application within two months and maintained status quo pending disposal to prevent dispossession, without adjudicating merits.
Restoration Application dated 20.08.2014 to be decided within two months; status quo maintained.
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Court No. - 7
Case :- WRIT - B No. - 261 of 2021 Petitioner :- Smt. Mohari Devi And 6 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ram Pratap Yadav,Devbratt Yadav Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the petitioners, the learned Standing Counsel for the State-respondents and Sri Bhupendra Kumar Tripathi, learned counsel for the Gaon Sabha.
In view of the order which is being proposed to be passed, no notice need be issued to the private respondents.
The record reveals that after the Revision before the Board of Revenue was dismissed for want of prosecution on 17.12.2012 and the interim order was vacated, the petitioner consequently had filed a Restoration Application on 20.08.2014.
Grievance of the petitioner is that because the interim order had been vacated and the Restoration Application was not being decided, the petitioner was being dispossessed. A prayer, therefore, has been made to issue a direction to decide the Restoration Application dated 20.08.2014 for the recalling of the order dated 17.12.2012, expeditiously.
Without entering into the merits of the case, it is being directed that the the Restoration Application dated 20.08.2014 for recalling of the order dated 17.12.2012, be decided within a period of two months from the date of presentation of a copy of
this order. The copy of this order would be duly certified by the petitioner's counsel.
For a period of two months or till the disposal of the Restoration Application, whichever is earlier, status quo as of today, shall be maintained.
With the aforesaid observations/directions, the writ petition is disposed of.
Order Date :- 9.2.2021 Siddhant
2 issues framed by the court
Whether the Restoration Application dated 20.08.2014 should be decided within two months to prevent dispossession.
Whether status quo should be maintained during the pendency of the Restoration Application.
Smt. Mohari Devi And 6 Others
State Of U.P. And 6 Others
Siddhartha Varma
As recorded by the court registry
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