Sursati Vs Sub Divisional Magistrate, Tehsil… — Writ and Judicial Review | Allahabad HC (2025)

Sursati Vs Sub Divisional Magistrate, Tehsil… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No.1 to decide the pending restoration application (Case No. RST/03596/2021; Computerized Case No. T-202102570203596) most expeditiously, affording full opportunity of hearing and without unnecessary adjournments, subject to there being no other legal impediment; merits left unexamined by this Court.

Issue for consideration

Whether the Court should direct expeditious disposal of the petitioner's restoration application (Case No. RST/03596/2021; Computerized Case No. T-202102570203596) pending before respondent No.1.

Court's answer

Directed respondent No.1 (Sub Divisional Magistrate, Tehsil Lalganj, Pratapgarh) to consider and decide the pending restoration application bearing Case No. RST/03596/2021 (Computerized Case No. T-202102570203596) most expeditiously, affording full opportunity of hearing to the parties and without granting any unnecessary adjournment to either party, provided there is no other legal impediment.

Ratio / Principle

Made clear that the Court had not examined the case of either party on merits, and that the court concerned shall consider and decide the restoration application strictly in accordance with law.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Jaspreet Singh, J., order dated 25.2.2025 in Matters Under Article 227 No. 1033 of 2025 (Neutral Citation 2025:AHC-LKO:11697): Petitioner Sursati sought expeditious disposal of her restoration application bearing Case No. RST/03596/2021 (Computerized Case No. T-202102570203596) pending before the Sub Divisional Magistrate, Tehsil Lalganj, Pratapgarh (respondent No.1), which remained undecided despite numerous dates fixed. Notice to private respondents Nos. 2 to 5 was dispensed with; learned standing counsel raised no objection. The Court directed respondent No.1 to consider and decide the restoration application most expeditiously, affording full opportunity of hearing to the parties and without granting unnecessary adjournments, provided there is no other legal impediment, and expressly clarified that it had not examined the merits, leaving the matter to be decided strictly in accordance with law. Petition disposed of.

Neutral Citation No. - 2025:AHC-LKO:11697

Court No. - 8

Case :- MATTERS UNDER ARTICLE 227 No. - 1033 of 2025

Petitioner :- Sursati

Respondent :- Sub Divisional Magistrate, Tehsil Lalganj, Pratapgarh And Others

Counsel for Petitioner :- Akhilesh Kumar Pandey,Mohit Tiwari Counsel for Respondent :- C.S.C.,Pankaj Gupta

Hon'ble Jaspreet Singh,J.

Heard.

In view of the order proposed to be passed by this Court, notice to the private-respondents No.2 to 5 is dispensed with.

By means of the instant petition, the petitioner seeks expeditious disposal of restoration application bearing Case No.RST/03596/2021, Computerized Case No.T-202102570203596, which is pending before the respondent No.1.

It is submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the aforesaid restoration application has not yet been decided.

Learned standing counsel submits that he has no objection in case an expedite order is passed.

Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.1 to consider and decide the pending restoration application bearing Case No.RST/03596/2021, Computerized Case No.T-202102570203596 most expeditiously, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably as expeditiously as possible provided that if there is no other legal impediment in doing so.

It is made clear that the Court has not examined the case of either of the parties on merits and the Court concerned shall consider and decide the restoration application of the petitioner strictly in accordance with law.

With the aforesaid, the petition is disposed of .

Order Date :- 25.2.2025 Rakesh/-

Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench