This court disposed of a writ petition seeking a direction to a responding officer to decide a pending restoration application within four months after hearing, without adjudicating the matter on merits.
Direction to respondent No. 3 to decide the petitioner's application within four months after hearing.
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Court No. - 72 Case :- WRIT - C No. - 34962 of 2021 Petitioner :- Jawahir Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dinesh Prasad Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned standing counsel through video conferencing.
Present petition has been filed seeking following relief:-
"i) a writ, order or direction in the nature of mandamus commanding the Respondent No. 3 to decide the restoration application in the light of order dated 07.02.2012 passed by this Hon'ble Court in case of Writ-C No. 6635 of 2012, Chandra Bali Vs. Additional Commissioner and others, filed by respondent No. 4 on 05.03.2021 in case No. 4695 and Case No. 5081 regarding Arazi No. 3465 Kha/0.4120 Hectare and Arazi No. 3590/0.1600 Hectare situated at Village-Majhauli, Post Office-Jharokala, Tehsil & Pargana-Dudhi, District-Sonbhadra pending before Assistant Record Officer, Dudhi/Obra Sonbhadra (respondent No. 3)."
Learned counsel for the petitioner submitted that for redressal of his grievance, petitioner has filed application dated 05.03.2021 before respondent No. 3, but till date no decision has been taken. Lastly, it is submitted that a direction may be issued to respondent No. 3 to decide the aforesaid application within a stipulated time, for which learned standing counsel has no objection.
In view of the facts and circumstances of the case, the writ petition is disposed of directing respondent No. 3 to decide the aforesaid application of the petitioner in accordance with law maximum within period of four months from the date of submission of certified copy of this order after providing opportunity of hearing to all concerned.
It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No. 3 to pass order after considering the relevant Act, Rules or any other law occupying the field as well as facts of the case.
Order Date :- 20.1.2022 Sartaj
Jawahir
State Of U.P.
Assistant Record Officer, Dudhi/Obra Sonbhadra
Neeraj Tiwari
As recorded by the court registry
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