Allahabad High Court
ANITAversusSTATE OF UP AND 2 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petition is disposed of with a direction to the respondent to decide the pending restoration application within twelve weeks.
Summary
The petitioner Anita filed writ petition No.17497 of 2026 seeking a direction to the second respondent, a revenue authority, to decide a restoration/recall application pending in suit RST/5323/2025. The petitioner contended that the application had remained undecided despite several dates being fixed, causing prejudice. The court examined the petition and concluded that the relief sought was appropriate to ensure an expeditious decision. It ordered the respondent to decide the application within twelve weeks of the certified copy of the order, after service and hearing, and without unnecessary adjournments. Accordingly, the writ petition was disposed of with the said direction.
Issues considered
- Whether the High Court can issue a writ directing the revenue authority to decide a pending restoration application expeditiously
- Whether the writ petition should be dismissed or allowed with a specific time‑frame for disposal of the application
Legislation cited
- U.P. Revenue Code, 2006 — s. 209
Subjects
- writ petition
- restoration application
- expeditious decision
- U.P. Revenue Code
- Section 209
- High Court direction
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17497 of 2026
Anita
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Muhammad Azam
Counsel for Respondent(s) : C.S.C.
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:
" I-To issue a writ order or direction to the respondent по. 2 to decide the
Restoration/Recall Application filed by the petitioner in Suit No. RST/5323/2025
Computerized Case No. T202505470305323" (Ramayan Prasad Vs. Anita) under
section 209 Za Adhiniyam UP Revenue Code 2006 expeditiously within specific period
as fixed by the Hon'ble High Court."
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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