Disposed

Jiyalal Yadav v. State of Up and 3 Others

Allahabad HC10 Jul 2024WRIC/21849/2024

Case brief

AI extract

What is this about?

Writ petition seeking mandamus for decision of a restoration application, with delay condonation prayer, pending before the Zila Nibandhak against an appellate order under the Registration Act. The High Court disposed of the petition directing the authority to decide delay condonation first, then the restoration application, within three months.

What did the court decide?

Direction to respondent no.2 to decide the restoration application with delay condonation first, within three months of certified copy being produced.

Jiyalal Yadav vs State of Up and 3 Others — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:118906

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Court No. - 33

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Case :- WRIT - C No. - 21849 of 2024

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Petitioner :- Jiyalal Yadav Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Om Prakash Vishwakarma,Ram Babu Yadav

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Counsel for Respondent :- C.S.C.

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Hon'ble Chandra Kumar Rai,J.

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Heard Mr. Om Prakash Vishwakarma and learned counsel for the petitioner, Mr. Chandra Prakash Yadav, learned Standing Counsel for the State respondents.

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The instant petition has been filed for the following reliefs:-

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"(i) Issue a writ, order or direction in the nature of mandamus directing the Additional District Magistrate (Finance and Revenue), Tehsil Sadar, District Jaunpur/ Zila Nibandhak, Jaunpur, respondent no.2 to decide the restoration application dated 18.11.2023 filed by petitioner against the order dated 3.4.2023 within stipulated period fixed by this Hon'ble Court.

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(ii) Issue a writ, order or direction in the nature of mandamus directing to the parties to maintain status quo till the restoration application dated 18.11.2023 is decided by the respondent no.2 over the property in dispute."

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Counsel for the petitioner submitted that against the appellate order dated 3.4.2023 passed under Section 72/73 of the Registration Act, 1908, petitioner filed a restoration application dated 18.11.2023 along with the prayer for condonation of delay which is pending before respondent no.2. He further placed the copy of the restoration application as well as the order sheet in order to demonstrate that restoration application is still pending.

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Considering the facts and circumstances of the case, the instant petition is finally disposed of directing the respondent no.2, Additional District Magistrate (Finance and Revenue), Tehsil Sadar, District Jaunpur/ Zila Nibandhak, Jaunpur to consider and decide the petitioner's restoration application along with the prayer for condonation of delay against the order dated 3.4.2023 expeditiously preferably within period of three months from the date of production of

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certified copy of this order before him. It is made clear that respondent no.2 shall consider the delay condonation matter first and thereafter consider the restoration application.

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Order Date :- 25.7.2024 Vandana Y.

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Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad

Jiyalal Yadav v. State of Up and 3 Others

Case brief

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Jiyalal Yadav v. State of Up and 3 Others

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