Belawati vs State Of U.P. And 3 Others
2021 Latest Caselaw 4658 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 6522 of 2021
 

 
Petitioner :- Belawati
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Bhaju Ram Pprasad Sharma,Arvind Kumar Srivastava
 
Counsel for Respondent :- C.S.C.,Sudhir Bharti
 

 
Hon'ble Vivek Kumar Birla,J.

At the very outset, learned counsel for the petitioner submits that he may be permitted to correct the prayer clause.

Prayer aforesaid is allowed. He may do so during the court of the day.

Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents and Sri Sudhir Bharti, learned counsel who has accepted notice on behalf of the respondent no.3.

Present petition has been filed with following prayers:-

"A. Issue a writ, order or directio in the nature of mandamus commanding and directing to respondent no.2 to decide the restoration application dated 25.06.2020 in Case No. 205 (Computerized Case No. T20200470300746) (Belawati and Shubhawati) under Section 34 of U.P. Revenue Code pending before him very expeditiously within stipulated period as granted by this Hon'ble Court."

A reference may also be made to the judgments of this Court in the cases of Chandra Bali vs. Additional Commissioner and others 2012 (4) ADJ 13 and Radha Devi vs. State of U.P. and others 2016 (6) ADJ 753 wherein directions for time bound disposal of such cases have been given and provisions of U.P. Janhit Guarantee Adhiniyam, 2011 have been considered.

In the facts and circumstances of the case, the present petition is finally disposed of with the direction to the respondent no. 2 to expedite the hearing of the aforesaid restoration application and decide the same on its own merit, in accordance with law, expeditiously preferably within a period of two months from the date of production of self- attested copy of this order, which may be verified from the official website of this Court, provided there is no legal impediment and no unnecessary adjournments shall be granted to the parties and provided the functioning of the authority concerned shall not be affected due to any reason related to Covid-19 Pandemic as well as the lawyers are not abstaining from the judicial work.

With the aforesaid observations/ directions, the present petition is finally disposed of.

Order Date :- 25.3.2021

Aditya