Court No. - 6
Case :- WRIT - C No. - 41690 of 2019 Petitioner :- Rajesh Kumar Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Abhishek Rai Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri R.C. Upadhyay for the Gaon Sabha as also learned Standing Counsel for the State-respondents.
At the very outset, learned counsel for the petitioner states that he is not pressing the relief no. A and that he is confining his prayer in the writ petition to relief no. B, which is quoted below:-
"B. Issue a writ, order or direction in the nature of MANDAMUS commanding and directing upon the respondent Tehsildar, Tehsil Sadar, District Azamgarh to decide the restoration application dated 30.07.2019 filed by petitioner in Case No. 91 (03977/2019) Computerized Case No.
:T201915060103977 (Report Vs Rajesh) under Section 67 of Uttar Pradesh Revenue Code, 2006 pending before it."
The restoration application aforesaid has been filed on 30.07.2019 for recall of an order directing eviction of the petitioner in proceedings under Section 67 of the U.P. Revenue Code, 2006 on the ground that it has been passed ex-parte.
Under the circumstances, this writ petition is disposed of with a direction to the respondent no. 3/Tehsildar, Tehsil Sadar, District Jaunpur to decide the restoration application as expeditiously as possible, preferably within a period of 8 weeks from the date a certified copy of this order is filed before him provided the lawyers refrain from going on strike.
Order Date :- 17.12.2019 Mayank