Allahabad High Court

UDAY BHAN AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided: 28 September 2026
Bench: GARIMA PRASHAD

Holding

The Court directed the Sub‑Divisional Officer to register the restoration application within a week and decide it within four weeks, thereby granting the relief sought.

Summary

The petitioners, Uday Bhan and two others, filed a writ petition seeking a mandamus directing the Sub‑Divisional Officer (SDO) of Tehsil Kaptanganj to register their restoration application under Order IX Rule 13 of the CPC and Section 151 CPC, which sought recall of an order dated 25‑06‑2026 in the case Jitendra Rao vs. Uday Bhan. They also sought certiorari to quash that order under Section 134 of the U.P. Revenue Code. The petitioners argued that the restoration application had not been registered and no decision had been made. The State’s standing counsel raised no objection to the petition, only requesting that the matter be disposed with a direction to the SDO. The Court, after hearing both sides, ordered the SDO to register the restoration application within one week of the certified copy of the order and to decide it within four weeks, thereby disposing of the writ petition with that direction.

Issues considered

Whether the Sub‑Divisional Officer is obligated to register the restoration application under Order IX Rule 13 CPC read with Section 151 CPC.
Whether the order dated 25‑06‑2026 can be quashed by certiorari under Section 134 of the U.P. Revenue Code.
Whether a writ of mandamus is the appropriate remedy to compel registration and decision of the restoration application.

Legislation cited

Code of Civil Procedure — s. Order IX Rule 13, Section 151
U.P. Revenue Code — s. Section 134

Subjects

mandamus
certiorari
restoration application
U.P. Revenue Code
Civil Procedure Code
administrative law
writ petition

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 29102 of 2026

Uday Bhan And 2 Others
.....Petitioner(s)
Versus

State Of U.P. And 3 Others
.....Respondent(s)

Counsel for Petitioner(s) : Jitendra Singh, Rishi Kant Rai
Counsel for Respondent(s) : C.S.C., Nitya Nand Mishra

Court No. - 37
HON'BLE GARIMA PRASHAD, J.

1. Heard learned counsel for the petitioners and learned Standing Counsel
for the State respondents.

2. By means of this petition, the petitioner has prayed for the following
relief:

"i. Issue a writ, order or direction in the nature of mandamus directing
the respondent no. 2 Sub Divisional Officer, Tehsil Kaptanganj, District
Kushinagar to accept the restoration application filed by petitioners
under Order IX rule 13 C.P.C. read with Section 151 C.P.C., for recalling
the order dated 25.06.2026 passed by respondent no. 2 in case no. 5264
of 2026 Computerized Case no. T202605440605264 'Jitendra Rao vs.
Uday Bhan & others'. U/s 134 of U.P. Revenue Codeand decide the same
on merits.
ii. Issue a writ, order or direction in the nature of certiorari quashing the
order dated 25.06.2026 passed by respondent no. 2 in case no. 5264 of
2026 Computerized Case no. T202605440605264 'Jitendra Rao vs. Uday
Bhan & others'. U/s 134 of U.P. Revenue Code."

3. Learned counsel for the petitioners submits that the petitioners preferred a
restoration application to recall the order dated 25.06.2026 passed by the
respondent no.2, which has not been registered till date and no order has
been passed as yet. He prays that the said restoration application may be
directed to be decided expeditiously.

4. Learned Standing Counsel for the State submits that he has no objection in
WRIC No. 29102 of 2026
2

the event this petition is disposed of with a direction to the respondent no.2
to decide the pending application, in accordance with law.

5. In view of the above, this writ petition is disposed of with a direction to
the respondent no.2/Sub-Divisional Officer, Tehsil Kaptanganj, District
Kushinagar to register the restoration application within a week from the
date of production of a certified copy of this order and to decide the same, in
accordance with law, within a period of four weeks' thereafter.

(Garima Prashad,J.)
September 29, 2026
Lbm/-

Digitally signed by :-
LAL BAHADUR MAURYA
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…