Court No. - 9
Case :- WRIT - C No. - 14486 of 2019 Petitioner :- Madan Mohan Pandey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Lok Nath Shukla Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard Shri A.R. Dubey, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The instant writ petition is directed against the order dated 11.04.2018 passed by the respondent no. 2, whereby a revision filed by the respondent has been allowed, an order dated 30.01.2015, rejecting a restoration application has been set aside and the matter has been remanded back to the Additional Collector for fresh consideration of the recall application filed by the respondent no. 5.
The contention of counsel for the petitioner is that the respondent no. 5 is a wholly unconcerned person and in any case his restoration application itself was not maintainable.
Be that as it may, the fact remains that the matter has been remanded back for fresh consideration of the restoration application filed by the respondent no. 5.
Under the circumstances, in my considered opinion, no useful purpose is going to be served by entertaining the writ petition and keeping it pending.
Interest of justice would stand served, in case, the Additional Collector, respondent no. 4, is directed to consider also the plea of the petitioner that the respondent no. 5 is a wholly unconcerned person and, therefore, not competent to file or maintain the restoration application, which has been remanded for consideration to him.
Subject to the above, this writ petition stands disposed of with the added stipulation that the Additional Collector shall endeavour to decide the restoration application as expeditiously as possible without granting any unnecessary adjournment to any of the parties.
Order Date :- 29.4.2019 Mayank