Court No. - 9
Case :- WRIT - C No. - 25009 of 2019 Petitioner :- Parameshwar And 5 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Kripa Shanker Yadav Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Anjani Kumar Mishra,J.
Heard.
By means of this writ petition, the following relief has been prayed for -
"To issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3 Sub Divisional Officer, Tehsil-Sadar, District-Prayagraj to decide the Recall/Restoration Application filed by the petitioner no. 1 dated 19/12/2014 (Annexure No. 2) in Case No. 33/40/65/93 (Parameshwar vs. Nokhe Lal and others) under Section 229- B of U.P.Z.A. Act Mauja Korkhand, Pargana and Tehsil Soraon, District- Allahabad pending before it expeditiously within a period so stipulated by this Hon'ble Court."
The grievance of the petitioner is that his declaratory suit under Section 229-B of U.P.Z.A. Act was dismissed in default. An application was filed for recall of this order belatedly. Neither the delay condonation application nor the application for restoration have been considered till date and hence, this writ petition.
In the aforesaid facts and circumstances, this writ petition is disposed of with the direction that the respondent no. 3 Sub Divisional Officer, Tehsil-Sadar, District-Prayagraj may endeavour to decide the aforesaid delay condonation and restoration applications expeditiously, preferably within a period of two months from the date a certified copy of this order is filed before him.
Order Date :- 30.7.2019 sweta