Court No. - 42
Case :- WRIT - C No. - 17272 of 2021 Petitioner :- Mahendra Nath Mishra And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Santosh Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitionesr and learned Standing Counsel appearing for the State respondents and perused the record.
Present petition has been filed with following prayers:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the Additional District Magistrate, Gyanpur, Bhadohi, to decide the restoration application filed by petitioners to recall the order dated 04.02.2015 passed by Additional District Magistrate, Gyanpur, Bhadohi, under Section 28 of the Land Revenue Act within the stipulated period as specified by this Hon'ble Court.
(ii) issue a writ, order or direction in the nature of mandamus commanding and directing the Sub- Divisional Magistrate, Aurai, District Bhadohi, not to make any demarcation of the Plot No. 91 situated in Village Sanvaiya Tehsil Aurai, District Bhadohi, till final disposal of the restoration application filed by petitioners before the Additional District Magistrate, Gyanpur, Bhadohi, to recall the ex-parte order dated 04.02.2015."
In the facts and circumstances of the case, the present petition is finally disposed of with the direction to the respondent no. 2, Additional District Magistrate, Gyanpur, Bhadohi to expedite the hearing of the aforesaid application and decide the same on its own merit, in accordance with law, expeditiously preferably within a period of two months from the date of production of self- attested copy of this order, which may be verified from the official website of this Court, provided there is no legal impediment and no unnecessary adjournments shall be granted to the parties and provided the functioning of the authority concerned is not affected due to any reason related to Covid-19 Pandemic as well as the lawyers are not abstaining from the work.
With the aforesaid observations/ directions, the present petition is finally disposed of.
Order Date :- 29.7.2021 Aditya