Jagdesh v. State of U.P. and 2 Others
Case brief
What is this about?
This single judge bench addressed the petitioner's grievance regarding the pendency of a restoration application under the U.P. Consolidation of Holdings Act, 1953. Noting the petitioner's undertaking to appear without further adjournments, the court directed the concerned authority to decide the matter within three months.
What did the court decide?
Direction to the concerned authority to decide the pending restoration application within three months.
What the court decided
Neutral Citation No. - 2023:AHC:198262
Court No. - 48
Case :- WRIT - B No. - 3539 of 2023 Petitioner :- Jagdesh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gokaran Singh Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
- Heard learned counsel for petitioner and learned Standing Counsel for State.
- Grievance of petitioner is that Restoration Application No. 1992 (Knhaiya vs. Jagdesh), under Section 48(1) of U.P. Consolidation of Holdings Act, 1953 is pending before Deputy Director of Consolidation, Mau and the same has not been decided till date.
- I have perused the order sheet annexed alongwith this writ petition. On various dates the Advocates have not appeared on the ground of their call for abstention from judicial work. Therefore, the authority concerned cannot be put on fault.
- At this stage, learned counsel for petitioner submits that petitioner undertake that on next as well as on subsequent dates either petitioner himself or his Advocate shall appear and will not take any adjournment.
- Taking note of undertaking given by learned counsel for petitioner, this writ petition is disposed of that concerned authority shall take endeavour to decide above case expeditiously, preferably within a period of three months from today, if there is no legal impediment, taking note of judgment passed by Full Bench of this Court in Smt. Sivraji and others vs. Dy. Director of Consolidation, Allahabad and others, 1997 SCC OnLine All 505.
Issues for consideration
1 issue framed by the court
Whether the concerned authority can be directed to dispose of the pending restoration application expeditiously.
Parties & counsel
- petitioner
Jagdesh
- respondent
State Of U.P.
- respondent
2 Others
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- WRIB/3539/2023
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