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2024 DIGILAW 1807 (ALL)

Mahesh Chand v. State of Uttar Pradesh

2024-08-02

DINESH PATHAK

body2024
JUDGMENT : DINESH PATHAK, J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State and perused the records. 2. Instant writ petition has been filed, inter alia, for the following prayer: “(i) TO ISSUE, a writ, order or direction in the nature of mandamus to directing the Respondent No. 2 to forthwith register Restoration Application dated 28.06.2024 as sent through “registered post” at R.C.C.M.S Portal and to allot a regular number to it which is arising from Case No. T202401500500769 Pooja Goyal Vs. Mahesh Chand and Others. (ii) TO ISSUE, a writ, order or direction in the nature of mandamus to directing the Respondent No. 2 to decide the stay/ application as well as Restoration Application dated 28.06.2024 as sent through registered post on 09.07.2024 in Case No. T202401500500769 Pooja Goyal Vs. Mahesh Chand and Others as expeditiously as possible preferably within the time stipulated by this Hon'ble Court.” 3. It is submitted that having been aggrieved with the order dated 10.04.2024 passed by learned Tehsildar (respondent no. 2) under Section 34 of Uttar Pradesh Revenue Code, 2006, present petitioners have filed restoration application which is pending consideration since 28.06.2024. In paragraph nos. 8, 9, 10 and 15 of the instant writ petition, the petitioners came with the specific plea that they have moved a restoration application on 28.06.2024 before the court below, however, same has not been registered by the court concerned. In such circumstances, they have also sent the same application through registered post, however, till date, aforesaid restoration application has neither been registered nor any fruitful steps have been taken to decide the same. 4. Learned Standing Counsel has no objection, if a direction is issued to respondent no. 2 to decide the aforesaid application, expeditiously within stipulated period as directed by this Court. 5. In this conspectus as above, no useful purpose would be served to keep this matter pending. Therefore, this Court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case, as mentioned in the writ petition, with a direction that learned Tehsildar concerned (respondent no. 2) shall register the restoration application dated 28.06.2024 and decide the same in accordance with law expeditiously from the date of production of certified copy of this order along with the self attested copy of instant writ petition. 6. 2) shall register the restoration application dated 28.06.2024 and decide the same in accordance with law expeditiously from the date of production of certified copy of this order along with the self attested copy of instant writ petition. 6. It is expected that it should be decided by a reasoned and speaking order, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments to either of the parties. 7. With the aforesaid direction, present writ petition is disposed of.