Court No. - 5
Case :- WRIT - C No. - 7909 of 2018 Petitioner :- Champa Devi Respondent :- Tehsildar, Nizamabad And Another Counsel for Petitioner :- Chandra Bhan Yadav Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Naqvi,J.
Heard Sri Chandra Bhan Yadav, learned counsel for the petitioner and Sri Abhishek Shukla, the learned Standing Counsel.
This writ petition is preferred for seeking a direction in the nature of mandamus commanding respondent no.1 / Tehsildar, Tehsil - Nizamabad, District- Azamgarh to decide Restoration / Recall Application dated 5.8.2003 filed by petitioner in Case No. 872/ 254 (Keshav Prasad Vs. Raj Narayan), under Section 34 of U.P. Land Revenue Act, 1901, within a stipulated period.
The learned Standing Counsel submits that no useful purpose would be served by keeping the petition pending, it be disposed of by giving appropriate direction to the authority concerned.
The writ petition is disposed of with the direction to respondent no.1 / Tehsildar, Tehsil - Nizamabad, District- Azamgarh to decide Restoration / Recall Application dated 5.8.2003 filed by petitioner in Case No. 872/ 254 (Keshav Prasad Vs. Raj Narayan), under Section 34 of U.P. Land Revenue Act, 1901, either on the next date fixed, but not later than 3 months from the date of production of certified copy of the order.
Learned counsel for the petitioner undertakes that he shall not seek any adjournment and so also is expected from the private respondent in the pending case, except for strong and compelling reasons, else would attract an exemplary cost of not less than Rs.250/- payable to the other side.
It is clarified that the proceedings as far as possible should not be repeatedly adjourned, merely on the ground that the Presiding Officer is busy in administrative work.
Order Date :- 27.2.2018 N.S.Rathour