Gorakh and Another vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Gorakh and Another vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no. 3 to decide the restoration application dated 18.08.2025 filed in Case No.868 of 2018 (Computer Case No. T201816670600868, Lekhpal Versus Gorakh) and Case No.869 of 2018 (Computer Case No. T201816670600869, Lekhpal Versus Kareem), in accordance with law, after hearing all affected parties, preferably within a period of three weeks from the date of production of certified copy of the order.

Issue for consideration

Whether a writ, order or direction in the nature of mandamus should issue commanding respondent No. 3 to decide the restoration application dated 18.08.2025 filed by the petitioners in Case No.868 of 2018 and Case No.869 of 2018 under section 67 of U.P. Revenue Code 2006, in accordance with law after giving an opportunity of hearing to the parties.

Court's answer

As no useful purpose would be served in keeping the matter pending, the writ petition is disposed of at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon respondent no. 3 to decide the restoration application dated 18.08.2025 filed in Case No.868 of 2018 and Case No.869 of 2018 in accordance with law.

Ratio / Principle

The restoration applications are to be decided after hearing all affected parties, preferably within a period of three weeks from the date of production of certified copy of the order.

Key takeaways

The Court made it clear that it has not adjudicated the matter on merits.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Rohit Ranjan Agarwal, J.), September 4, 2025 — WRIT - C No. 30805 of 2025, Gorakh And Another v. State Of U.P. And 3 Others. Petitioners sought mandamus directing respondent No. 3 to decide restoration applications dated 18.08.2025 filed in Case No.868 of 2018 (Computer Case No. T201816670600868, Lekhpal Versus Gorakh) and Case No.869 of 2018 (Computer Case No. T201816670600869, Lekhpal Versus Kareem) under section 67 of U.P. Revenue Code 2006, pending since 18.08.2025. Held: 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 private respondents, with a direction to respondent No. 3 to decide the restoration applications in accordance with law after hearing all affected parties, preferably within three weeks from production of certified copy of the order. The Court expressly clarified that it had not adjudicated the matter on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 30805 of 2025

Gorakh And Another

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

		.....Respondent(s)
Counsel for Petitioner(s)	: Ashfaq	Ahmed Ansari
Counsel for Respondent(s)	: C.S.C.,	Pradeep Singh

Court No. - 34

HON'BLE ROHIT RANJAN AGARWAL, J.

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

"(A). Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent No. 3 to decide the restoration application dated 18.08.2025 filed by the petitioners in Case No.868 of 2018 (Computer Case No. T201816670600868 Lekhpal Versus Gorakh and petitioner No.2 in Case No.869 of 2018 (Computer Case No. T201816670600869 Lekhpal Versus Kareem under section 67 of U.P. Revenue Code 2006, which is pending before the respondent No.3 in accordance with law after giving an opportunity of hearing to the parties."

2. It is contended by learned counsel for the petitioners that restoration applications filed in proceedings under Section 67 of U.P. Revenue Code, 2006 are pending consideration before respondent no. 3 since 18.08.2025. The sole prayer made in the writ petition is for expeditious disposal of the same.

3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon respondent no. 3 to decide the restoration application dated 18.08.2025 filed in Case No.868 of 2018 (Computer Case No. T201816670600868 Lekhpal Versus Gorakh and in Case No.869 of 2018 (Computer Case No. T201816670600869 Lekhpal Versus Kareem), in accordance with law,

WRIC No. 30805 of 2025

2

after hearing all affected parties, preferably within a period of three weeks, from the date of production of certified copy of this order.

4. With the aforesaid directions, writ petition stands disposed of.

5. It is made clear that this Court has not adjudicated the matter on merits.

September 4, 2025

V.S.Singh

(Rohit Ranjan Agarwal,J.)

Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad