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Allahabad High Court

NASIR AHMADversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court directed the Tehsildar to decide the restoration application within three months, avoiding unnecessary adjournments.

Summary

The petitioner, Nasir Ahmad, filed a writ petition seeking a direction to the Tehsildar (Judicial) of Bilari, Moradabad, to decide his restoration application (Recall No.7104 of 2023, Computer Case No.T202313540207104) which had remained pending for a considerable time. The petitioner argued that despite the lapse of time, no final decision had been rendered. The court examined the record and noted the undue delay in adjudicating the application. It ordered that the Tehsildar must decide the application strictly in accordance with law, expeditiously and preferably within three months, and avoid unnecessary adjournments unless a legal impediment exists. Consequently, the petition was disposed with the direction for prompt disposal of the pending application.

Issues considered

  • Whether the delay in deciding the restoration application warrants judicial intervention to direct expeditious disposal

Subjects

  • writ petition
  • restoration application
  • expeditious disposal
  • administrative delay
  • judicial review

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                           WRIT - C No. - 10139 of 2026

                                    Nasir Ahmad
                                                                                              .....Petitioner(s)
                                                                      Versus

                                    State of U.P. and Another
                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)        : Sanjay Dube, Ved Prakash Mishra
                                    Counsel for Respondent(s)        : C.S.C.

                                    Court No. - 6
                                                         HON'BLE PRAKASH PADIA, J.

                                    1. Heard learned counsel for the petitioner, learned Standing
                                    Counsel for the respondent-State and perused the record.

                                    2. The basic relief sought by the petitioner in the present petition is to
                                    direct the respondent no.2-Tehsildar (Judicial), Bilari, Moradabad to
                                    decide restoration application/recall No.7104 of 2023, Computer
                                    Case No.T202313540207104 expeditiously.

                                    3.     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.

                                    4. In the facts and circumstances of the case, the present 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.


                                                                                          (Prakash Padia,J.)
                                    March 18, 2026
                                    Pramod Tripathi




Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad


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