The High Court directed the Sub Divisional Officer, Tehsil Gola, to decide a pending restoration/amaldaramat application filed in a civil suit expeditiously within three months, after affording reasonable opportunities of hearing.
Direction to decide the restoration/amaldaramat application within three months.
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. - 39430 of 2022
Petitioner :- Shyam Bihari Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Anil Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Anil Kumar Pandey, learned counsel for the petitioner, learned Standing Counsel for the State respondents and perused the record.
This writ petition has been filed by the petitioner seeking direction to the Sub Divisional Officer, Tehsil Gola, District Gorakhpur to decide the restoration/Amaldaramat application dated 6.11.2020 (Annexure-7 to the writ petition) filed in Case No.502 of 1982 (Kirat Chand and others Vs. Achhaivar Prasad and others).
It is submitted by learned counsel for the petitioner that the petitioner had filed the restoration application of order dated 14.9.1982 on 6.11.2020. The notices were dully served to the other side but despite of best efforts the application could not be decided and is pending since 6.11.2020.
Considering the submission of learned counsel for the petitioner, the Sub Divisional Officer, Tehsil Gola, District Gorakhpur/respondent no.2 is directed to decide the restoration/Amaldaramat application dated 6.11.2020 filed in Case No.502 of 1982/T201605310703217 (Kirat Chand and others Vs. Achhaivar Prasad and others) expeditiously, if possible within a period of three months from the date of production of certified copy of this order, unless there is any legal impediment, after affording reasonable opportunities of hearing to the parties concerned.
With the aforesaid direction, the petition is disposed of.
Order Date :- 20.1.2023 Kpy
Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Sub Divisional Officer should be directed to decide the pending restoration/amaldaramat application.
Shyam Bihari
State Of U.P
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
