Allahabad High Court
Kishun vs State Of U P And 5 Others on 2 July, 2021
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 6 Case :- WRIT - C No. - 8630 of 2021 Petitioner :- Kishun Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Mahendra Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Ajay Bhanot,J.
Heard Shri Mahendra Kumar Yadav, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
Shri Mahendra Kumar Yadav, learned counsel for the petitioner contends that an ex-parte order was passed against the petitioner by the Tehsildar, Tehsil Handia, District Prayagraj in Case No. 1019/242 of 2008, Intrajeet and others Vs. Kishun. The petitioner filed a restoration application for recall of the aforesaid order of the Tehsildar in the year 2011. The restoration application has not been decided till date.
The only prayer made by Shri Mahendra Kumar Yadav, learned counsel for the petitioner is that the restoration application filed in the year 2011 may be decided within a stipulated period of time.
Learned Standing Counsel in his usual fairness submits that the authorities are under an obligation of law to decide the restoration application within a reasonable period of time.
Learned counsel for both the parties agree that no useful purpose will be served by exchanging the pleadings and keeping this writ petition pending before this Court. With the consent of parties, the writ petition is being disposed of finally.
Without going into the merits of the case, the matter is remitted to the respondent no.3-Tehsildar, Tehsil Handia, District Prayagraj.
A writ in the nature of mandamus is issued commanding the respondent no.3-Tehsildar, Tehsil Handia, District Prayagraj, to execute the following directions:
I. The respondent no.3-Tehsildar, Tehsil Handia, District Prayagraj, shall decide the restoration application filed for recall of the order passed in the year 2008 in Case No. 1019/242 of 2008, Intrajeet and others Vs. Kishun, under the appropriate provisions of law preferably within a period of six months from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad.
The computer generated copy of such order shall be self attested by the party concerned. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
II. All parties to the lis are directed to cooperate in the proceedings pending before the respondent no.3-Tehsildar, Tehsil Handia, District Prayagraj.
III. The respondent no.3-Tehsildar, Tehsil Handia, District Prayagraj, shall hear all necessary parties to the lis before any order is passed in the said proceedings.
IV. The respondent no.3-Tehsildar, Tehsil Handia, District Prayagraj, shall also make all endeavours if possible proceed with the hearing on a day to day basis to ensure that the above time period of six months is adhered to.
V. In case any fact has been concealed by the petitioner or the order prejudices to the rights of the private respondents, the private respondent nos. 4, 5 and 6 may file an application for recall of the order.
With the aforesaid directions, the writ petition is disposed of finally.
Order Date :- 2.7.2021 Dhananjai