Allahabad High Court
NOOR ALAMversusSTATE OF U.P. AND 8 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The High Court directed the respondent authority to decide the restoration application within three months, without unnecessary adjournments, and disposed of the petition.
Summary
Petitioner Noor Alam filed a writ petition seeking a directive to the Up‑Ziladhikari of Tehsil‑Kasya, District Kushinagar, to decide a restoration application dated 02‑Nov‑2023 that had been dismissed in default on 25‑Oct‑2023. The petitioner argued that despite the lapse of considerable time, no final decision had been rendered. The court observed that putting the respondents on notice would serve no useful purpose and that the petition could be disposed of with a directive. Consequently, the court ordered the respondent to decide the restoration application strictly in accordance with law, expeditiously and preferably within three months, without unnecessary adjournments. The petition was therefore disposed of.
Issues considered
- Whether the High Court can direct the subordinate authority to decide a restoration application expeditiously.
- Whether the petition can be disposed of without issuing notice to the respondents.
Subjects
- writ petition
- restoration of case
- expeditious disposal
- administrative law
- default dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 10049 of 2026
Noor Alam
.....Petitioner(s)
Versus
State Of U.P. And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shriprakash Shrivastava
Counsel for Respondent(s) : C.S.C., Sudhir Bharti
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Heard learned counsel for the petitioner, learned
Standing Counsel for the respondent-State, Sri Sudhir
Bharti, learned counsel for the respondent no.3 and
perused the record.
2. In view of the order proposed to be passed herein, no
useful purpose would be served by putting the
respondent/respondents to notice and keeping this petition
pending before this Court. However, in case the
respondent/respondents feels aggrieved by the order
his/her right to seek modification/variation of the order is
being kept reserved.
3. The basic relief sought by the petitioner in the present
petition is to direct the respondent no.2-Up-Ziladhikari,
Tehsil-Kasya, District Kushinagar to decide restoration
application dated 02.11.2023 against the order dated
25.10.2023 dismissed in default by the respondent no.2 in
Original Case No.Ka/T202205440410450 expeditiously.
4. It is argued by counsel for the petitioner that though a
considerable time has already been lapsed but till date no
final decision has been taken in the matter.
5. In the facts and circumstances of the case, the present
WRIC No. 10049 of 2026
2
petition is disposed of directing the court concerned to
decide the aforesaid application strictly in accordance with
law most expeditiously and preferably within a period of
three months but without granting unnecessary
adjournment unless there is no legal impediment.
March 18, 2026
Pramod Tripathi
(Prakash Padia,J.)
Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad
Checking your session…