Court No. - 9
Case :- WRIT - C No. - 14663 of 2019 Petitioner :- Ram Ujagir Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jaya Nath Patel Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The writ petition has been filed seeking the following ground-
"A) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the restoration application T201814360304410 dated 16.06.2016 filed by the petitioner for recalling the order dated 06.12.2007 passed by the Respondent no.2 (Sub-Divisional Magistrate, Tehsil Machhalishahar, District Jaunpur) in Case No.90/2007 (Revenue Lekhpal Versus Ram Ujagir and others) under Section 33/39 Land Revenue Act, situated in village Batanhit, Pargana Ghisua, Tehsil Machhalishahar, District Jaunpur, which is pending in the Court of Sub-Divisional Magistrate, Tehsil Machhalishahar, district Jaunpur, within stipulated period as fixed by this Hon'ble Court (Annexure no.2 to this writ petition)."
It has been submitted that a restoration application aforementioned is pending since 2016.
Perusal of the order sheet appended along with the writ petition reveals that the matter has repeatedly been adjourned only on the ground that the lawyers are on strike.
Under the circumstances, this writ petition is disposed of with a direction to the respondent no.2, Sub-Divisional Magistrate, Tehsil Machhalishahar, District Jaunpur to decide the restoration application of the petitioner within a period of three months. If in case, the lawyers continue to be on strike, this direction need not be complied.
Order Date :- 30.4.2019 RKM