Arvind Kumar vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 4832 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- WRIT - C No. - 70 of 2023
 

 
Petitioner :- Arvind Kumar
 
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others
 
Counsel for Petitioner :- Anil Kumar Tiwari
 
Counsel for Respondent :- C.S.C.,Chandan Srivastava
 

 
Hon'ble Saurabh Lavania,J.

Heard.

Present petition has been filed for the following main reliefs:-

"(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 14.10.2022 passed by the Additional Commissioner, Administrative, Mandal-Faizabad, District-Faizabad, Tehsil-Sohawal, in Case No.1219 of 2022 (Mo. Irfan vs. Sri Narvadeshwar Mahadev Ji), Computerized Case No.C202204000001219, under Section 210 of Uttar Pradesh Revenue Act, 2006, as contained as Annexure NO.1 to this writ petition.

(ii) Issue a writ, order or direction in the nature of mandamus to stay the operation and implementation of the impugned judgment and order dated 14.10.2022 passed by the Additional Commissioner, Administrative, Mandal-Faizabad, District-Faizabad, Tehsil-Sohawal, in Case No.1219 of 2022 (Mo. Irfan vs. Sri Narvadeshwar Mahadev Ji), Computerized Case No.C202204000001219, under Section 210 of Uttar Pradesh Revenue Act, 2006, in favour of the petitioner, in the interest of justice."

On being asked as to whether setting aside the impugned order dated 14.10.2022 would revive the order dated 14.07.2022 that was passed contrary to the law, learned counsel for the petitioner, after arguing at some length, stated that justice would suffice if the present petition is disposed of with the direction to respondent No.3-Nayab Tehsildar Raunahi, Tehsil-Sohawal, District-Ayodhya to decide the application for the restoration within time as stipulated by this Court.

Learned counsel for the side opposite has no objection to the aforesaid.

Accordingly, without interfering the impugned order dated 14.10.2022, the petition is disposed of with the direction to respondent No.3-Nayab Tehsildar Raunahi, Tehsil-Sohawal, District-Ayodhya, to consider and decide the application for restoration preferred by the petitioner, accordance with law, expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of three months from the date certified copy of this order is placed before the authority concerned, if there is no other legal impediment.

It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law.

Order Date :- 14.2.2023

Vinay/-