Mustafa Husain Siddiqui Vs State of Up and 3 Others — Allahabad HC (2025) — LawSathi Research

Mustafa Husain Siddiqui Vs State of Up and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Mandamus-direction to respondent no.3/Tehsildar, Tehsil-Soraon, District-Prayagraj to decide the restoration application dated 12.06.2007 pending in Case No.16/37/564 of 2006 (Shahrunnisha Vs. Shaukat Ali) under Section 192 Land Revenue Act / Section 34 U.P. Revenue Code, 2006, after hearing all concerned parties, strictly in accordance with law, expeditiously preferably within one month from production of certified copy of the order; no adjudication on merits.

Issue for consideration

Whether a writ of mandamus should issue directing respondent No. 3 to decide the restoration application dated 12.06.2007 pending in Case No.16/37/564 of 2006 (Shahrunnisha Vs. Shaukat Ali) under Section 192 Land Revenue Act / Section 34 U.P. Revenue Code, 2006, expeditiously.

Court's answer

The Court directed respondent no.3/Tehsildar, Tehsil-Soraon, District-Prayagraj to decide the restoration application dated 12.06.2007 pending in Case No.16/37/564 of 2006 (Shahrunnisha Vs. Shaukat Ali) under Section 192 of Land Revenue Act (New Case No.5129 of 2025, Computerized Case No.Т-202502030305129) under section-34 U.P. Revenue Code, 2006, 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.

Ratio / Principle

Since no useful purpose would be served in keeping the matter pending or calling for counter affidavit, the writ petition was disposed of at the admission stage; the Court expressly made clear that it has not adjudicated the case on merits.

Detailed headnote1 paragraphs

Writ petition (WRIT - C No. - 31543 of 2025) disposed of at the admission stage, without calling for counter affidavit. Hon'ble Rohit Ranjan Agarwal, J., directed respondent no.3/Tehsildar, Tehsil-Soraon, District-Prayagraj to decide the restoration application dated 12.06.2007, pending in Case No.16/37/564 of 2006 (Shahrunnisha Vs. Shaukat Ali) under Section 192 of Land Revenue Act (New Case No.5129 of 2025, Computerized Case No.Т-202502030305129) under Section 34 U.P. Revenue Code, 2006, 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. The Court made clear that it has not adjudicated the case on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 31543 of 2025

Mustafa Husain Siddiqui

.....Petitioner(s)

	Versus
State Of Up And 3 Others			.....Resp	ondent(s)
Counsel for Petitioner(s)	: Anshuman Siddiqui	Singh,	Riyaz	Ahmad
Counsel for Respondent(s)	: C.S.C.
Court No.- 34

HON'BLE ROHIT RANJAN AGARWAL, J.

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

"(i) Issue a writ order or direction in the nature of Mandamus directing to the respondent No. 3 to decide the restoration application dated 12.06.2007 in Case No. 16/37/564 of 2006 (Shahrunnisha Vs. Shaukat Ali) under section - 192 Land Revenue Act (New Case No. 5129 of 2025) (Computerized Case No. Т-202502030305129) (Smt. Shahrunnisha Vs. Shaukat Ali) under section-34 U.P. Revenue Code, 2006.

(ii) Issue a writ order or direction in the nature of Mandamus directing to the respondent No. 3 to decide the Case No. 16/37/564 of 2006 (Shahrunnisha Vs. Shaukat Ali) under section 192 Land Revenue Act (New Case No. 5129 of 2025) (Computerized Case No. T- 202502030305129) (Smt. Shahrunnisha Vs. Shaukat Ali) under section 34 U.P. Revenue Code, 2006 dated 29.08.2006, and/or pass such other and further order as this Hon'ble Court may deem fit and proper under the circumstances of the case. -"

It is contended that restoration application dated 12.06.2007 is pending in proceedings under Section 34 of the U.P. Revenue Code, 2006. 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, the matter is being disposed of, at the admission

WRIC No. 31543 of 2025

2

stage, with a direction upon respondent no.3/ Tehsildar, Tehsil- Soraon, District- Prayagraj to decide the restoration application dated 12.06.2007 pending in Case No.16/37/564 of 2006 (Shahrunnisha Vs. Shaukat Ali) under Section 192 of Land Revenue Act (New Case No.5129 of 2025, Computerized Case No.Т-202502030305129), under section-34 U.P. Revenue Code, 2006, after hearing all the concerned parties, strictly in accordance with law 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 17, 2025 SK Goswami

(Rohit Ranjan Agarwal,J.)

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