Allahabad High Court
Sabir Khan vs State Of U.P. & Others on 1 February, 2010
Court No. - 28 Case :- WRIT - C No. - 1312 of 2007 Petitioner :- Sabir Khan Respondent :- State Of U.P. & Others Petitioner Counsel :- Anees Ahmad Respondent Counsel :- C.S.C. Hon'ble Shri Kant Tripathi,J.
Heard Sri Anees Ahmad, learned counsel for the petitioner and the learned Standing Counsel for the respondents.
It appears that the respondent No.5 has passed the order dated 14.12.2006 (Annexure-8)directing ejectment of the petitioner from the dispute property and also for recovery of damages alongwith cost of the execution.
The learned counsel for the petitioner submitted that the impugned order dated 14.12.2006 was ex-parte and the petitioner had no opportunity to make his submissions. It was further submitted that the petitioner has already filed a restoration petition which is sitll pending before the respondent No.5 with no progress. The learned counsel for the petitioner further submitted that the respondent No.5 be directed to dispose of the restoration petition within a time limit to be fixed by this Court.
The learned Standing counsel however submitted that it is not clear as to when the restoration petition was moved.
It is, therefore, provided that if any restoration petition against the order dated 14.12.2006 is pending, it shall be disposed of by the respondent No.5 expeditiously preferably within a period of three months from the date of receipt of a certified copy of this order.
With the aforesaid direction, the writ petition is finally disposed of.
Order Date :- 1.2.2010 Rkb