Court No. - 5
Case :- WRIT - C No. - 11257 of 2018 Petitioner :- Neelam Mishra Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ramagya Shukla Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Naqvi,J.
Heard Shri Ramagya Shukla, learned counsel for the petitioner and Sri Abhishek Shukla, the learned Standing Counsel.
It is submitted by learned counsel for the petitioner that ends of justice would be served if a mandamus is issued to Tehsildar, Tehsil Meja, Allahabad to decide restoration application dated 1.11.2012 alongwith proceedings in Case No.77/248 of 2012 under Section 34/35 of U.P. Land Revenue Act, (Neelam Mishra Vs. Devi Prasad Mishra) either on the next date or within a stipulated period else.
Learned Standing Counsel states that no useful purpose would be served by keeping this petition pending and the same be disposed off by giving appropriate direction to the respondent concerned.
This writ petition is disposed off with the direction to Tehsildar, Tehsil Meja, Allahabad to decide restoration application dated 1.11.2012 alongwith proceedings in Case No.77/248 of 2012 under Section 34/35 of U.P. Land Revenue Act, (Neelam Mishra Vs. Devi Prasad Mishra) either on the next date fixed but not later than 3 months, from the date of production of certified copy of this order and would also ensure that parent case under Section 34/35 of the Act be also decided as expeditiously as possible.
Learned counsel for the petitioner undertakes that he shall not seek any adjournment and so also is expected from the private opposite party in the case, except for strong and compelling reasons, else would attract an exemplary cost of not less than Rs.250/- payable to the other side.
It is clarified that the proceedings as far as possible should not be repeatedly adjourned, merely on the ground that the Presiding Officer is busy in administrative work.
Service of certified copy of this order upon the respondent concerned shall constitute sufficient notice upon him to submit a compliance report.
The authority concerned shall submit Compliance report in Chambers on 22.5.2019 at 4:00 P.M.
Order Date :- 28.3.2018 RS