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Allahabad High Court

NOOR ALAMversusSTATE OF U.P. AND 8 OTHERS

Decided

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


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