Court No. - 32
Case :- WRIT - C No. - 15136 of 2021 Petitioner :- Fatima Begum Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ghazala Bano Quadri Counsel for Respondent :- C.S.C.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Ms. Ghazala Bano Quadri, learned counsel for the petitioner and learned Standing Counsel for the respondents no.1 and 2.
Notice need not be issued to respondent no.3, at this stage. This writ petition has been filed with the following prayers:-
"i). Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent no.2 to decide the Recall/Restoration Application filed by the petitioner in Case No.1981 of 2020 under Section 35 of the U.P. Revenue Code and restore the case on its original number.
ii). Issue a writ, order or direction in the nature of mandamus directing/commanding the respondents not to interfere in peaceful possession of the petitioner during the pendency of the case."
It is contended by learned counsel for the petitioner that the recall/restoration application is pending consideration before respondent no.2 in proceedings under Section 35 of the U.P. Revenue Code, 2006. The sole prayer has been made for early disposal of the said application.
Learned Standing Counsel does not oppose the sole prayer so made for early disposal of the application.
As no useful purpose would be served in keeping the matter pending, with the consent of the parties, the matter is being disposed of at this stage without calling for counter affidavit or issuing notice to respondent, with a direction upon respondent no.2 to decide the application of petitioner, if there is no legal impediment and after hearing all the concerned parties, strictly in accordance with law by reasoned and speaking order, expeditiously, preferably within a period of four months from the date of production of copy of this order, downloaded from the official website of Allahabad High Court.
Writ petition stands disposed of.
Order Date :- 27.7.2021//SK Goswami