Allahabad High Court
DIPOO KUMARversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- VIVEK SARAN
Holding
The Court allowed the amendment of the prayer and directed the respondent to decide the pending restoration application within six months.
Summary
The petitioner, Dipoo Kumar, filed a civil miscellaneous amendment application seeking permission to amend the prayer and to have the pending restoration/tajbisani application decided expeditiously by the Additional Commissioner (Administration), Varanasi. The State of U.P. and other respondents raised no objection to the amendment. The High Court allowed the amendment application, permitting the petitioner’s counsel to amend the prayer during the hearing. The Court directed the respondent to decide the pending restoration application within six months, provided there is no legal impediment. Consequently, the petition was disposed with the specified direction.
Issues considered
- Whether the petitioner is entitled to amend the prayer during the course of the hearing
- Whether the respondent should be directed to decide the pending restoration/tajbisani application expeditiously
Subjects
- amendment of pleadings
- civil procedure
- restoration application
- expeditious disposal
- High Court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 21169 of 2026
Dipoo Kumar
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhishek Pandey, Jitendra Pandey, Pragya
Pandey, Shambhavi Pandey
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.
Court No. - 5
HON'BLE VIVEK SARAN, J.
Re: Civil Misc. Amendment Application No.2 of 2026
1. For the reasons stated in the affidavit filed in support of the application,
this application is allowed.
2. Learned counsel for the petitioner is permitted to amend the prayer
during course of the date.
Order on petition
1. Learned counsel for the petitioner in the instant petition presses the
prayer for deciding the restoration/tajbisani application which is stated to
be pending before respondent no.4/Additional Commissioner
(Administration), Varanasi expeditiously.
2. Learned Standing Counsel for the State-respondents does not have any
objection to the above prayer.
3. In such view of the matter, this petition stands disposed of with
direction to the Respondent No.4/Additional Commissioner
(Administration), Varanasi to decide the restoration/tajbisani application
of the petitioner, if not already decided, expeditiously preferably within a
period of six months from the date of production of certified copy of this
order provided there is no legal impediment.
September 23, 2026
Deepika
(Vivek Saran,J.)
Digitally signed by :-
DEEPIKA SINGH
High Court of Judicature at Allahabad
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