Disposed

Ram Sahay v. State of U.P. and Another

Allahabad HC7 Nov 2023WRIC/29196/2023

Case brief

AI extract

What is this about?

The High Court directed the Assistant Collector/Sub-Divisional Magistrate to decide the pending restoration application under Section 116 of U.P. Revenue Code, 2006, regarding a partition suit dismissed for non-prosecution, within two months.

What did the court decide?

Direction to respondent no.2 to decide the restoration application expeditiously, preferably within two months, after hearing parties.

Ram Sahay Vs State of U.P. and Another — Land Acquisition | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:214410

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Court No. - 51

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Case :- WRIT - C No. - 29196 of 2023

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Petitioner :- Ram Sahay Respondent :- State of U.P. and Another Counsel for Petitioner :- Alok Dubey Counsel for Respondent :- C.S.C.

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Hon'ble Chandra Kumar Rai,J.

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Heard learned counsel for the petitioner and Mr. Rajesh Kumar Dwivedi, learned State-Law Officer for the Staterespondents.

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The instant petition has been filed for mandamus directing the respondent no.2 i.e. Assistant Collector/ Sub-Divisional Magistrate, Tahsil- Khajni, District- Gorakhpur, U.P. to decide the recall / restoration application dated 17.8.2021 along with the prayer for condonation of delay against the order dated 18.1.2021 dismissing the Suit No.20160531021561, under Section 116 of U.P. Revenue Code, 2006 for nonprosecution within stipulated period.

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Learned counsel for the petitioner submitted that the aforementioned suit for partition has been dismissed arbitrarily for non-prosecution and the restoration application filed by the petitioner along with the prayer for condonation of delay is pending since 17.8.2021. He further placed the certified copy of the restoration application as well as the order passed by the Court dated 18.1.2021dismissing the suit for non-prosecution.

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Without expressing any opinion on merits of the case and keeping in view of the facts and circumstances, respondent no.2 is directed to decide the aforementioned restoration application dated 17.8.2021 filed in Case No.T20160531021561, under Section 116 of U.P. Revenue Code, 2006 after giving an opportunity of hearing to the parties in accordance with law expeditiously preferably within a period of two months from the date of production of certified copy of this order before him.

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Accordingly, the writ petition is finally disposed of.

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Order Date :- 7.11.2023/Rameez

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Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad

Ram Sahay v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ram Sahay v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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