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Allahabad High Court

DIPOO KUMARversusSTATE OF U.P. AND 5 OTHERS

Decided

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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