Allahabad High Court
RAMCHANDRAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court ordered Respondent No.2 to decide the restoration application expeditiously within twelve weeks and disposed of the petition.
Summary
The petitioner, Ramchandra, filed a writ petition seeking a mandamus directing Respondent No.2 to decide a pending restoration application filed under Section 67 of the Uttar Pradesh Revenue Code, 2006, and also sought a direction restraining Respondent No.4 from interfering with peaceful possession of the disputed land. The petitioner argued that despite several dates being fixed, the restoration application remained undecided, causing undue delay. The Court examined the petition and found that keeping the petition pending would serve no useful purpose. Consequently, the Court disposed of the petition, directing Respondent No.2 to decide the restoration application within twelve weeks of the order, after serving all parties and providing a hearing, and to avoid unnecessary adjournments. No other legal impediment was identified, and the petition was finally disposed.
Issues considered
- Whether the Court should issue a writ of mandamus directing the respondent to decide the pending restoration application under Section 67 of the U.P. Revenue Code, 2006.
- Whether the petition should be dismissed or disposed of without further hearing.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 67
Subjects
- mandamus
- restoration application
- U.P. Revenue Code
- Section 67
- expeditious decision
- civil writ petition
- land possession
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17473 of 2026
Ramchandra
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Surendra Pal
Counsel for Respondent(s) : C.S.C., Sher Bahadur Singh
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner and perused the record.
2. The instant writ petition has been filed for following relief:
"(1) To issue a writ in the nature of Mandamus directing the directing the respondent
no.2 to decide the Restoration Application filed in Case No. 4636 of 2016 (Computer
Case No.T2016126127014636 (Gram Samaj Vs. Dayaram), U/s 67 of U.P. Revenue
Code-2006 expeditiously and within stipulated period as fixed by this Hon'ble Court
and further be pleased to direct the respondent no.4 not to interfere in peaceful
possession over the land in dispute during pendency of restoration application."
3. Contention of the learned counsel for the petitioner is that restoration application is
pending consideration and the same has not been decided despite several dates have
been fixed. He prayed that the same may be decided, expeditiously.
4. In view of above, no useful purpose would be served in keeping this petition
pending.
5. Accordingly, the present petition stands disposed of finally with a direction to
respondent No. 2 to consider and decide the aforementioned application, in
accordance with law, expeditiously, preferably within a period of twelve weeks from
the date of production of a certified copy of this order after ensuring service upon all
the opposite parties, giving opportunity of hearing to the parties concerned and
without granting unnecessary adjournments to either of the parties provided that there
is no other legal impediment.
May 5, 2026
Nitika Sri.
(Manish Kumar Nigam,J.)
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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