Court No. - 42
Case :- WRIT - C No. - 20227 of 2021 Petitioner :- Bhagwant Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devbratt Yadav,Ram Pratap Yadav Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents and perused the record.
Present petition has been filed with following prayers:-
"Issue a writ order or direction in the nature of mandamus commanding the Naib- Tehsildar Sadar, District- Azamgarh to decide the restoration application filed by the petitioner dated 19.07.2019 in mutation case no. 01052 of 2019 and computer case No. T201915060101052, Rajendra Yadav Vs. Shivsaran in time frame without any further delay and till the disposal of restoration application it may be further directed by this Hon'ble Court that the respondents be restrained from creating any third party right in regard to the land in dispute in the better interest of justice."
In the facts and circumstances of the case, the present petition is finally disposed of with the direction to the respondent no. 2, Naib Tehsildar, Tehsil- Sadar, District- Azamgarh 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 the functioning of the authority concerned is not affected due to any reason related to Covid-19 Pandemic as well as the lawyers are not abstaining from the work.
It is further provided that the dates on which the lawyers are abstaining from work shall be treated to be excluded from the period within which the proceedings are directed to be completed and in case the petitioners appear in person, the authority concerned shall proceed to conclude the proceedings.
With the aforesaid observations/ directions, the present petition is finally disposed of.
Order Date :- 19.8.2021 Aditya