Padmawati Devi Vs State of U.P. and 19 Others — Allahabad HC (2025) — LawSathi Research

Padmawati Devi Vs State of U.P. and 19 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no.2, Sub Divisional Magistrate, Tehsil Mariyahun, District-Jaunpur, to decide the restoration application registered as Case No. RST/11701 of 2025 (Computer Case No. T202514360611701) after hearing all concerned parties, strictly in accordance with law, expeditiously preferably within one month from the date of production of certified copy of the order.

Issue for consideration

Whether respondent no.2, the Sub Divisional Magistrate, Tehsil Mariyahun, District-Jaunpur, should be directed via mandamus to decide the petitioner's restoration application dated 11.09.2024 (Case No. RST/11701/2025, Computer Case No. T202514360611701) filed under section 209(h) of the U.P. Revenue Code, 2006 against the ex-parte order dated 05.08.2024, within a stipulated period.

Court's answer

Since no useful purpose would be served in keeping the matter pending, the writ petition was disposed of at the admission stage, without calling for counter affidavit or issuing notice to the private respondents, with a direction upon respondent no.2 (Sub Divisional Magistrate, Tehsil Mariyahun, District-Jaunpur) to decide the restoration application registered as Case No. RST/11701 of 2025 (Computer Case No. T202514360611701) after hearing all the concerned parties, strictly in accordance with law.

Ratio / Principle

The restoration application is to be decided expeditiously, preferably within a period of one month from the date of production of certified copy of this order.

Key takeaways

This Court has not adjudicated the case on merit; the merits of the restoration application were expressly left open for the forum below.obiter¶18

Detailed headnote1 paragraphs

Allahabad High Court (Rohit Ranjan Agarwal, J.), by order dated September 4, 2025, disposed of at the admission stage Writ-C No. 30754 of 2025 (Padmawati Devi v. State of U.P. and 19 others) without calling for counter affidavit or issuing notice to the private respondents. The Court directed respondent no.2, the Sub Divisional Magistrate, Tehsil Mariyahun, District-Jaunpur, to decide the petitioner's restoration application dated 11.09.2024, registered as Case No. RST/11701 of 2025 (Computer Case No. T202514360611701) and filed under section 209(h) of the U.P. Revenue Code, 2006 against the ex-parte order dated 05.08.2024 passed under section 24 of the said Code, after hearing all the concerned parties, strictly in accordance with law, expeditiously preferably within one month from production of a certified copy of the order. The Court expressly clarified that it had not adjudicated the case on merit.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 30754 of 2025

Padmawati Devi

.....Petitioner(s)

Versus

State Of U.P. And 19 Others

.....Respondent(s) Counsel for Petitioner(s) : Bharat Pandey, P.K. Upadhyay Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.

Court No. - 34

HON'BLE ROHIT RANJAN AGARWAL, J.

1. This writ petition has been filed with the following prayer:-

"1. Issue a writ, order or direction in the nature of mandamus directing to the respondent по. 2/Sub Divisional Magistrate, Tehsil Mariyahun, District-Jaunpur to decide the restoration application dated 11.09.2024 in case no. RST/11701/2025, computer case no.T202514360611701 (Padmawati Devi Vs. Jumrati Ali) filed by the petitioner under section 209 (h) of U.P. Revenue Code, 2006 against the ex-parte order dated 05.08.2024 passed by respondent no.2 under section 24 of U.P. Revenue Code, 2006 in case no. 202414360604966 within stipulated period fixed by this Hon'ble Court."

It is contended that restoration application is pending before respondent no.2- Sub Divisional Magistrate, Tehsil Mariyahun, District- Jaunpur which is registered as Case No.RST/11701 of 2025 (Computer Case No.T202514360611701). Learned counsel for the petitioner submits that the said restoration application may be decided expeditiously.

As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondents, the matter is being disposed of, at the admission stage, with a direction upon respondent no.2- Sub Divisional Magistrate, Tehsil Mariyahun, DistrictJaunpur to decide the restoration application, which is registered as Case No.RST/11701 of 2025 (Computer Case No.T202514360611701), after hearing all the concerned parties, strictly in accordance with law

WRIC No. 30754 of 2025

2

expeditiously preferably within a period of one month from the date of production of certified copy of this order.

With the aforesaid direction, present writ petition stands disposed of.

It is made clear that this Court has not adjudicated the case on merit.

September 4, 2025

SK Goswami

(Rohit Ranjan Agarwal,J.)

Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad