WPMS/1394/2021
2021 Latest Caselaw 2567 UK

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                                     WPMS No.1394 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

(Via video conferencing).

Mr. P.C. Pethshali, Advocate, for the petitioner.

The petitioner submits that he is an applicant to the proceedings under Section 41 of the U.P. Land Revenue Act, 1901, which was instituted by him, before the court of Assistant Collector, 1st Class, and was registered as Application No.14/2011-2012, "Ajay Kumar Gupta Vs. Balbeer & others", which is still pending consideration, and the same has not yet been decided, because of the fact that the proceedings which was drawn by the petitioner, as above, later on got dismissed in default only on 13.09.2012, to which the restoration application was preferred by the petitioner on 21.02.2019, and the same is still pending consideration.

Without expressing any opinion on the merits of the matter, this writ petition is being disposed of with a requisition to the court of Assistant Collector, 1st Class, to consider and pass an appropriate order, on the restoration application which has been preferred by the petitioner on 21.02.2019, seeking recall of the order dated 13.09.2012, dismissing the proceedings under Section 41 of the U.P. Land Revenue Act, 1901 for want of prosecution. The decision on the application for restoration, which has been preferred by the petitioner, would be taken by the Assistant Collector, 1st Class, as expeditiously as possible, but not later than two months from the date of the production of the certified copy of this judgment.

Subject to the above directions, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 23.07.2021

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