Court No. - 7
Case :- WRIT - C No. - 34332 of 2021 Petitioner :- Mohan Lal Respondent :- Sub Divisional Magistrate And 20 Others Counsel for Petitioner :- Amar Singh Yadav Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State.
Present writ petition has been filed beseeching expeditious disposal of restoration application dated 01.11.2021 filed by the present petitioner against the order dated 02.08.2021, which is pending consideration before the Sub Divisional Officer (respondent no. 1).
It is submitted that after making endorsement on the aforesaid restoration application, concerned presiding officer has kept the aforesaid application pending without any further step being taken to decide the same.
Learned Standing Counsel states that he has no objection in case the aforesaid case is directed to be decided within a stipulated period fixed by this Court.
In this conspectus as above, no useful purpose would be served to keep this matter pending, therefore, this court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case as mentioned in the present writ petition, with a direction to the Sub Divisional Officer (Respondent No. 1), before whom the restoration application is pending, to decide the same expeditiously, preferably, within a period of five months from the date of receipt of a certified copy of this order.
It is expected that it should be decided by reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments.
With the aforesaid direction, present writ petition is disposed of.
Before departing, counsel for the petitioner prayed for interim protection during the pendency of the restoration application.
There is nothing on record which could show as to whether any stay application was filed along with restoration application or not.
The authority concerned (respondent no. 1) is further directed to consider the stay application, in case the petitioner files the same, within one month from the date of filing of the stay application.
Order Date :- 23.12.2021 Pkb/