The High Court disposed of the writ petition by directing the Sub Divisional Magistrate to consider and decide the pending restoration application and related case expeditiously, preferably within four months, after giving parties an opportunity to be heard.
Direct respondent no.2 to consider and decide the restoration application within four months.
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Court No. - 7
Case :- WRIT - C No. - 4650 of 2022
Petitioner :- Chandrakala Respondent :- State Of U P And 11 Others Counsel for Petitioner :- Mohd. Nizam Uddin Counsel for Respondent :- C.S.C.,Dan Bahadur Yadav
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents no.1 & 2.
In view of the order proposed to be passed, notices need not go to the private respondents.
The petitioner is before this Court for a direction to respondent no.2-Sub Divisional Magistrate, Machhli Sahar, District Jaunpur to decide the Restoration Application and Case No.T202014360305342 (Chandrakala Vs. Shri Ram) within stipulated period. It is argued by learned counsel for the petitioner that since the matter is pending consideration he is suffering irreparable loss.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the respondent no.2 to consider and decide the aforesaid case in accordance with law expeditiously and preferably within a period of four months from the date of receipt of certified copy of this order but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment.
Order Date :- 28.3.2022 Pramod Tripathi
Digitally signed by PRAMOD TRIPATHI Date: 2022.03.29 10:46:34 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Sub Divisional Magistrate should be directed to decide the pending restoration application expeditiously.
Chandrakala
State Of U P
Prakash Padia
Pramod Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
