Court No. - 18
Case :- WRIT - C No. - 25841 of 2021 Petitioner :- Satish Chandra Mishra Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Satish Chandra Dubey Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The petitioner has filed an application for recall of the order dated 24.09.1994 which has been registered as Case No. T202015030202662, (Satish Chandra Mishra and another Vs. Onkarnath Mishra and others) under Section 209 of the U.P. Revenue Code, 2006 which is pending before the respondent no.2/Tehsildar, Tehsil Sikandarpur, District Ballia.
The only prayer made by the learned counsel for the petitioner Shri Satish Chandra Dubey is that the restoration application may be decided within a stipulated period of time.
Learned Standing Counsel submits that the authorities are under an obligation of law to decide the restoration application within a reasonable time frame.
Interest of justice will be served by issuing the following directions:
I. The court below/respondent no.2/Tehsildar, Tehsil Sikandarpur, District Ballia, shall decide the restoration application registered as Case No. T202015030202662, (Satish Chandra Mishra and another Vs. Onkarnath Mishra and others), by a reasoned order in accordance with law within a period of two months from the date of production of a computer generated copy of this order, downloaded from the website of High Court, Allahabad. The authority/official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
II. The court below/respondent no.2/Tehsildar, Tehsil Sikandarpur, District Ballia, shall notice and hear all necessary parties to the lis before passing the final order on the application.
It is clarified that this Court has not gone into the merits of the case. The same shall be decided by the court below upon independent application of mind and in accordance with law.
The writ petition is disposed of.
Order Date :- 7.10.2021 Dhananjai