Court No. - 18
Case :- WRIT - C No. - 23575 of 2021 Petitioner :- Chandramauli Pandey Respondent :- State Of U.P. And 35 Others Counsel for Petitioner :- Suchita Tripathi,Naresh Chandra Tripahti Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Ms. Suchita Tripathi, learned counsel for the petitioner and learned Standing Counsel for the respondents.
Ms. Suchita Tripathi, learned counsel for the petitioner submits that the Restoration Application dated 06.12.2015 in Case no. 126/305/325 of 1976 under the provisions of U.P. Imposition of Ceiling on Land Holdings Act, 1960, filed by the petitioner has not been decided till date.
The only prayer made by learned counsel for the petitioner is that the restoration application may be decided within a stipulated period of time.
Learned Standing Counsel submits that the courts below are under an obligation of law to decide the proceedings within the time period stipulated in the statute.
In view of the submissions made at the bar, no useful purpose would be served by keeping this writ petition pending or exchanging any pleadings. Interest of justice will be served by issuing the following directions:
(i) A writ in the nature of mandamus is issued commanding respondent no. 2, Additional District Magistrate (Finance and Revenue), Mirzapur/Prescribed Authority, to decide the Restoration Application dated 06.12.2015 in Case no. 126/305/325 of 1976 under the provisions of U.P. Imposition of Ceiling on Land Holdings Act, 1960, filed by the petitioner, preferably within a period of four months from the date of production of a computer generated copy of this order, downloaded from the website of High Court, Allahabad along with fresh copy of the application. The authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
(ii) The respondent no. 2 shall hear all the necessary parties before passing any order.
(iii) All parties are directed to cooperate with the respondent no. 2, Additional District Magistrate (Finance and Revenue), Mirzapur/Prescribed Authority to ensure the conclusion of the proceedings to decide the restoration application in the above stipulated period of time.
(iv) This order is being passed when the threat of Covid-19 pandemic still exists. In case the court proceedings are held up due to Covid-19 outbreak, the lost working days shall be adjusted and the stipulated period of four months shall accordingly be enhanced.
It is clarified that this Court has not entered into merits of the controversy. It is for the respondent no. 2, Additional District Magistrate (Finance and Revenue), Mirzapur/Prescribed Authority to decide the issue after independent application of mind and in accordance with law.
The writ petition is disposed of.
Order Date :- 21.9.2021 Pravin