Court No. - 18
Case :- WRIT - C No. - 19597 of 2018 Petitioner :- Firoza Khatoon Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Prem Shankar Mishra,Awadhesh Kumar Malviya Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Anurag Srivastava, learned Standing Counsel.
In view of the order proposed to be passed, notices need not go to private respondents.
The petitioner is before this Court for a direction to third respondent to expedite Suit No.89 of 1991 (Smt. Firoza Khatoon v. State of U.P. & Ors.).
It is contended that the aforesaid suit in question was dismissed for want of prosecution and immediately thereafter the petitioner has also filed restoration application for recalling the said order. As such it is requested that the SDM concerned may be directed to decide the said application expeditiously and also decide the suit in question on merits of the case within stipulated period.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of asking the SDM concerned that if restoration application is pending consideration, the same may be considered and decided in accordance with law on merits expeditiously and preferably within two months from the date of production of certified copy of this order but certainly after giving opportunity to the parties concerned. In case the restoration application is allowed and the matter is restored, the authority is also expected that the said proceeding under Section 229-B of UPZA & LR Act, which is pending since 1991, be decided expeditiously.
It is made clear that the Court has not expressed any opinion on the merits of the issue.
Order Date :- 28.5.2018 SP/