Court No. - 21
Case :- WRIT - B No. - 1547 of 2021 Petitioner :- Sharma Prasad Respondent :- Deputy Director Of Consolidation And 2 Others Counsel for Petitioner :- Santoosh Kumar Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
Heard Sri Santosh Kumar Dwivedi, learned counsel for the petitioner, learned Standing Counsel represents respondent no.1 and perused the record.
Instant writ petition has been filed by the petitioner with the following prayer:-
"Issue writ, order, or direction in the nature of mandamus and directing the respondent No.1 to decide the restoration application No.643 of 2012, which is pending in Revision No.393 of 1989 (Raj Narayan and another Versus Raj Bali and others) within short stipulated period fix by this Hon'ble Court."
It is submitted by counsel for the petitioner that present petitioner has filed a restoration application dated 11.04.2012 against the order dated 30.06.1990 passed by Deputy Director of Consolidation, Kushinagar (respondent no.1), in Revision No.393 of 1989. It is further submitted that aforesaid restoration application is pending protracted since the date of its filing i.e. dated 11.04.2012 without taking any fruitful steps to get the restoration application decided. It is further submitted that both the parties are present in the restoration application and same is righting up for final hearing.
Learned Standing Counsel has fairly contended that they have no objection if this Court issues a direction for early disposal of restoration application dated 11.04.2012.
In this conspectus as above, no useful purpose would be served to keep this matter pending, therefore, this court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case as mentioned in the present writ petition, with a direction to Deputy Director of Consolidation, Kushinagar (respondent no.1), before whom restoration application dated 11.04.2012 is pending disposal, to decide the same expeditiously, preferably, within the period of four months from the date of receipt of copy of this order.
It is expected that it should be decided by reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments.
The petitioner shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad supported by an affidavit, which shall be verified by the concerned authority from the website of the High Court, Allahabad.
With the aforesaid observation, present writ petition is disposed of.
Order Date :- 24.9.2021 VKG