Om Prakash Vs State of U.P. and 3 Others

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Court No. - 36 Case :- WRIT - C No. - 14668 of 2023 Petitioner :- Om Prakash Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kailash Nath Singh Counsel for Respondent :- CSC,Bhupendra Kumar Tripathi

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Hon'ble Prashant Kumar,J.

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Heard Shri Kailash Nath Singh, learned counsel for the petitioner, Shri Abhineet Jaiswal, learned Standing Counsel for the State respondents no.1 to 3 and Shri Bhupendra Kumar Tripathi, learned Counsel for the respondent no.4.

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The instant petition under Article 226 of the Constitution of India has been filed by the petitioner seeking mandamus, directing the respondent no.2 to decide the restoration application dated 18.06.2022 filed in Case No.7439 of 2018 (Lekhpal Report Vs. Pyare Lal), under Section 38 (2) of U.P. Revenue Code, 2006 (Computer Case No.T201814360407439) within stipulated period.

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This case has been filed under Section 38 (2) of U.P. Revenue Code, 2006. As per Rule 36 (6) of U.P. Revenue Code Rules, 2016 the time granted to conclude the proceeding for correction under Section 38 is 45 days. However, this case has been pending before the respondent no.2 for last almost five years.

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In view of the above, the respondent no.2 is directed to decide the restoration application filed in Case No.7439 of 2018 (Lekhpal Report Vs. Pyare Lal), under Section 38 (2) of U.P. Revenue Code, 2006 (Computer Case No.T201814360407439) by a reasoned and speaking order on merit, in accordance with law, expeditiously, preferably within a period of four weeks from the date of receipt of certified copy of this order.

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The writ petition stands disposed of accordingly.

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(Prashant Kumar, J.)

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Order Date :- 1.5.2023/S.P.

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Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad

Om Prakash v. State of U.P. and 3 Others

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Om Prakash v. State of U.P. and 3 Others

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