Ram Niwas Tiwari vs State Of U.P. & 2 Others
2017 Latest Caselaw 6551 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- WRIT - C No. - 51860 of 2017
 

 
Petitioner :- Ram Niwas Tiwari
 
Respondent :- State Of U.P. & 2 Others
 
Counsel for Petitioner :- Sunil Kumar Singh,Ram Dutt Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Grievance of the petitioner is that he has filed a restoration application dated 27.06.2016 for recall of the order dated 13.07.2013/03.04.2012 passed by the Sub-Divisional Magistrate, Tehsil Barhaj District Deoria in a case under Section under Section 33/34 of the U.P. Land Revenue Act (Ram Niwas vs. Jai Prakash) and the said restoration application has not been disposed of although it was listed on 31 dates before the respondent No.2 but almost on all the dates, the case was adjourned on account of strike of advocates or that the Presiding Officer was busy in administrative work.

Learned standing counsel states that if any such application is pending, then it shall be decided by the respondent No.2 in accordance with law within a time bound period.

In view of the aforesaid, this writ petition is disposed of with the direction to the respondent No.2 to decide the aforesaid restoration application if it has been actually filed and is still pending. The application shall be decided in accordance with law, expeditiously preferably within three months from the date of presentation of a certified copy of this order, after affording reasonable opportunity of hearing to all the parties concerned and without granting any unnecessary adjournment to either of the parties.

It is made clear that this Court has not expressed any opinion on merits of the case.

Order Date :- 8.11.2017

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