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Allahabad High Court · body

2021 DIGILAW 617 (ALL)

Khushbu v. Tehsildar

2021-07-02

AJAY BHANOT

body2021
JUDGMENT : 1. Heard Sri Mohammad Mustafa, learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. Learned counsel for the petitioner submits that the Restoration Application No. 04551 of 2020 Computerised No. T202017630204551 in Case no. 0998 of 2019 Computerised Case no.T201917630200998 of the petitioner has not been decided. 3. The only prayer made by learned counsel for the petitioner is that the restoration application may be decided within a stipulated period of time. 4. Learned Standing Counsel submits that the courts below are under an obligation of law to decide the proceedings within the time period stipulated in the statute. 5. In view of the submissions made at the bar, no useful purpose would be served by keeping this writ petition pending or exchanging any pleadings. With consent of parties the writ petition is disposed of with the following directions: (i) A writ in the nature of mandamus is issued commanding respondent no. 1, Tehsildar Bansi, District Siddharth Nagar, to decide the Restoration Application No. 04551 of 2020 Computerised No. T202017630204551 in Case no. 0998 of 2019 Computerised Case no. T201917630200998 filed by the petitioner, preferably within a period of six months from the date of production of a computer generated copy of this order, downloaded from the website of High Court, Allahabad along with fresh copy of the application. The computer generated copy of such order be self attested by the counsel of the party concerned and the authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing. (ii) The respondent no. 1 shall hear all the necessary parties before passing any order. (iii) All parties are directed to cooperate with the Tehsildar to ensure the conclusion of the proceedings in the above stipulated period of time. 6. It is provided that in case there is a Corona outbreak the period of three months shall be extended for the lost working days. The officials and parties shall adopt all Corona precautions during the proceedings. 7. The writ petition is disposed of.