Disposed

Balwant Singh v. State of U.P. and 21 Others

Allahabad HC2 Nov 2021WRIC/28646/2021

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition under Article 226, directing the Additional Commissioner, Prayagraj Division, to decide a pending restoration application under Section 210 of U.P. Revenue Code 2006 within three months without adjournments.

What did the court decide?

Direction to Respondent 2 to decide the mentioned restoration application within three months from the date of filing a certified copy of this order.

Balwant Singh Vs State of U.P. and 21 Others — Civil Procedure and Limitation | Allahabad HC (2021)

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Court No. - 38

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Case :- WRIT - C No. - 28646 of 2021

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Petitioner :- Balwant Singh Respondent :- State Of U.P. And 21 Others Counsel for Petitioner :- Shiva Kant Srivastava Counsel for Respondent :- C.S.C.,Azad Rai

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Hon'ble Rajeev Misra,J.

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Heard Mr. Shiva Kant Srivastava, learned counsel for petitioner, learned Standing counsel representing respondents 1, 2 and 3 and Mr. Kuldeep Singh, Advocate holding brief of Shri Azad Rai, learned counsel appearing for respondent 4.

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This Writ Petition under Article 226 of the Constitution of India has been filed for a writ of mandamus commanding respondent no. 2- Additional Commissioner (First) Prayagraj Mandal, Prayagraj to decide Restoration Application No. C- 202002000000360 of 2020 (Ram Naresh Singh and others Vs. Shiv Babu Kesarwani and others) in Revision No. C- 201802000001875 of 2018 (Suman Singh Vs. Shivbabu Kesarwani and others) under Section 210 of U.P. Revenue Code 2006, pending in court of Additional Commissioner (First) Prayagraj Division, Prayagraj, within a stipulated period fixed by this Court.

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Learned counsel for petitioner submits that Revision No.01875 of 2018 (Suman Singh Vs. Shivbabu Kesarwani and others) under Section 210 of U.P. Revenue Code-2006 was decided by respondent no. 2-Additional Commissioner (First) Prayagraj Divison, Prayagraj vide order dated 19.10.2019. Against aforesaid order, respondent no. 8-Deepchand filed a recall/restoration application dated 18.2.2020. It is this restoration application, which is said to be pending. Learned counsel for the petitioner submits that restoration application

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has remained pending for more than eight months.

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Non-disposal of restoration application, even after expiry of a period of eight months cannot be said to be justified in any manner. On the aforesaid premise, it is thus urged that interest of justice shall better be served in case a direction is issued to respondent-2 to decide above mentioned restoration application within the time period stipulated by this Court.

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Having heard learned counsel for petitioner, learned Standing Counsel representing respondents-1, 2 and 3, learned counsel appearing for respondent no. 4 and upon perusal of material brought on record, this court finds that no useful purpose shall be served in keeping this writ petition pending.

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In view of above, this writ petition is disposed of finally with a direction to respondent-2, Additional Commissioner, Prayagraj Division, Prayagraj to decide afore-mentioned recall/restoration application dated 18.2.2020, with all expedition without granting any unnecessary adjournment to either of the parties and preferably within a period of three months from the date of production of a certified copy/computer generated copy of this order, which shall be filed by petitioner in above mentioned mutation restoration application by means of a Notary Affidavit.

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Order Date :- 2.11.2021 Shafique

Balwant Singh v. State of U.P. and 21 Others

Case brief

What is this about?

What did the court decide?

Balwant Singh v. State of U.P. and 21 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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