Court No. - 6
Case :- WRIT - C No. - 42002 of 2019 Petitioner :- Lodai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dharmendra Kumar Shukla,Vijay Kumar Mishra Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri Manoj Kumar Yadav for the Gaon Sabha as also learned Standing counsel for the State-respondents.
The petition has been filed seeking the following relief-
" It is, therefore, most respectfully prayed that this Hon'ble Court be pleased to direct the Additional Sub Divisional Magistrate, First Sadar, Jaunpur to decide the restoration application dated 06.11.2017 arising out from suit no.33/71 of 97-98 filed under Section 229B of U.P.Z.A. & L.R. Act Lodai and others Versus State of U.P. and another District Jaunpur pending before Additional Sub Divisional Magistrate, First Sadar, Jaunpur as soon as possible within three months or pass such order which this Hon'ble Court deems fit and proper in the circumstances of the case."
By means of this writ petition, petitioner seeks directions for expeditious disposal of his restoration application, which has been filed for setting aside an order dismissing an earlier restoration application for default, which in turn had been filed for setting aside the order dismissing the petitioners declaratory suit under Section 229B for default.
Under the circumstances, this writ petition is disposed of directing the Additional Sub Divisional Magistrate, First Sadar, Jaunpur to endeavour to decide the second restoration application of the petitioner, expeditiously, preferably within a period of three months from the date a certified copy of this order is filed before him.
Order Date :- 18.12.2019 RKM