Mohmood Fatima Vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

Mohmood Fatima Vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no. 2/Tehsildar, Tehsil Chayal, District Kaushambi to decide the petitioner's restoration application dated 21.12.2017 in Case No. 205263 of 2017 (Pradeep Kumar vs. Asharif Lal) strictly in accordance with law, most expeditiously and preferably within three months from the date of production of a certified copy before the trial court, without granting unnecessary adjournments unless there is no legal impediment; private respondent's right to seek modification/variation of the order reserved.

Issue for consideration

Whether a writ order or direction in the nature of mandamus should be issued directing respondent no. 2 (Tehsildar, Chayal, District Kaushambi) to decide the petitioner's restoration application dated 21.12.2017 in Case No. 205263 of 2017 (Pradeep Kumar vs. Asharif Lal) within a stipulated period.

Court's answer

The writ petition is disposed of with a direction to respondent no. 2/Tehsildar, Tehsil Chayal, District Kaushambi to decide the restoration application (Case No. 205263 of 2017, Pradeep Kumar vs. Asharif Lal) strictly in accordance with law, most expeditiously.

Ratio / Principle

No useful purpose would be served by putting the private respondent to notice and keeping the petition pending; the petition could be disposed of without such notice, while the private respondent's right to seek modification/variation of the order is kept reserved.

Key takeaways

The case is to be decided preferably within a period of three months from the date of production of a certified copy of the order before the trial court, without granting unnecessary adjournments unless there is no legal impediment.ratio¶18

Detailed headnote1 paragraphs

Writ Petition (C) - Mandamus - Expeditious disposal of restoration application - Petitioner sought a direction to the Tehsildar, Tehsil Chayal, District Kaushambi to decide her restoration application dated 21.12.2017 in Case No. 205263 of 2017 (Pradeep Kumar vs. Asharif Lal), on which no final decision had been taken despite considerable time having elapsed - Held: (i) no useful purpose would be served by putting the private respondent to notice, and the private respondent's right to seek modification/variation of the order was kept reserved; (ii) petition disposed of directing respondent no. 2 to decide the case strictly in accordance with law most expeditiously and preferably within three months from the date of production of a certified copy before the trial court, without granting unnecessary adjournments unless there is no legal impediment (Prakash Padia, J.).

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 7247 of 2026

Mohmood Fatima

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

Counsel for Petitioner(s)	: Faiz Ahmad .....Respondent(s)
Counsel for Respondent(s)	: C.S.C.

Court No. - 6

HON'BLE PRAKASH PADIA, J.

Heard learned counsel for the petitioner, learned counsel for the respondents and perused the record.

In view of the order proposed to be passed herein, no useful purpose would be served by putting the private respondent to notice and keeping this petition pending before this Court. However, in case the private respondent feels aggrieved by the order his/her right to seek modification/variation of the order is being kept reserved.

The instant writ petition has been filed with the following relief:-

"1. Issue a writ order or direction in the nature of mandamus directing the respondent no. 2 i.e. Tehshildar chayal, District Kaushambi to decide the restoration application of the petitioner dated 21.12.2017 in case no. 205263 of 2017 (Pradeep kumar vs. Asharif Lal), within stipulated period as may be fixed by this Hon'ble Court. "

It is argued by counsel for the petitioner that though a considerable time has already been lapsed but till date no final decision has been taken in the matter.

In the facts and circumstances of the case, the present petition is disposed of directing the respondent no. 2/ Tehsildar, Tehshil Chayal, District Kaushambi to decide the aforesaid case/suit strictly in accordance with law most expeditiously and preferably within a period of three

WRIC No. 7247 of 2026

2

month from the date of production of certified copy before the trial court but without granting unnecessary adjournment unless there is no legal impediment.

(Prakash Padia,J.)

March 16, 2026

Sushma

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