High Court directed Respondent No. 2 (Tehsildar) to decide a pending restoration application under Section 34 of Land Revenue Act within two months, prohibiting unnecessary delays.
Restoration Application dated 27.7.2018 to be decided within two months from the date of production of certified copy of this order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 51
Case :- WRIT - C No. - 1331 of 2023
Petitioner :- Raj Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Malaviya Counsel for Respondent :- C.S.C.
Hon'ble Vikram D. Chauhan,J.
The present writ petition has been filed with the following prayer:
"(i) Issue a writ, order or direction in the nature of mandamus to direct the Respondent No.2/Tehsildar, to decide the Restoration Application dated 27.7.2018 filed by the Respondent No.3 in Mutation Case No.419/328 of 2006-2007 "Raj Kumar Versus Raghav Ram" under Section 34 of Land Revenue Act (Annexure No.2 to the writ petition)."
It is submitted by learned counsel for the petitioner that restoration application is pending consideration before respondent No.2 and till date, no order has been passed.
Learned Standing Counsel submits that the restoration application will be decided in accordance with law in a time bound manner.
Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, it is hereby directed that the Restoration Application dated 27.7.2018 filed by the Respondent No.3 in Mutation Case No.419/328 of 20062007 "Raj Kumar Versus Raghav Ram" under Section 34 of Land Revenue Act pending before respondent No. 2 shall be decided within a period of two months from the date of production of a certified copy of this order without giving any unnecessary adjournment to any of the parties.
With the aforesaid observation/direction, the writ petition is disposed of.
Order Date :- 16.1.2023 Sumit Kumar
Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Mandatory Direction under Section 34 of Land Revenue Act requires disposal of the pending Restoration Application within two months.
1 provisions across 1 enactments
Raj Kumar
State Of U.P.
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
