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Allahabad High Court

DEEPAK SOLANKIversusSTATE OF U.P. AND 8 OTHERS

Decided

Holding

The Court directed the Additional Commissioner to decide the pending restoration application within four months, thereby granting the writ of mandamus.

Summary

The petitioner, Deepak Solanki, filed a writ petition seeking a mandamus directing the Additional Commissioner (Administrative) of Agra Division to decide a restoration application filed on 24‑12‑2025 under Section 210 of the U.P. Revenue Code, 2006. The restoration application sought to recall an ex parte order dated 18‑12‑2025 passed in Revision No. 1396 of 2023. The petitioner argued that the application had been pending since the filing date and required expeditious disposal. The State, through its standing counsel, raised no objection to the petition being disposed with a direction to the respondent to decide the pending application. The Court, after hearing both sides, ordered that the respondent decide the restoration application within four months of the certified copy of the order, thereby granting the writ of mandamus. The petition was consequently disposed with the said direction.

Issues considered

  • Whether the High Court can issue a writ of mandamus directing the Additional Commissioner to decide a pending restoration application under the U.P. Revenue Code, 2006.
  • Whether the petitioner is entitled to a time‑bound decision on the restoration application.

Legislation cited

Subjects

  • mandamus
  • restoration application
  • ex parte order
  • U.P. Revenue Code
  • administrative law
  • speedy justice

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                           WRIT - C No. - 32973 of 2026

Deepak Solanki
                                                                    .....Petitioner(s)
                                        Versus

State Of U.P. And 8 Others
                                                                  .....Respondent(s)

Counsel for Petitioner(s)                         :    Pradyumna Kumar
Counsel for Respondent(s)                         :    C.S.C.

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

1. Heard learned counsel for the petitioner 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 nature of mandamus directing
      Respondent no. 2 Additional Commissioner (Administrative) Agra
      Division Agra, to decide the restoration application dated 24.12.2025
      filed by the Petitioner in revision no. 1396 of 2023 (Computerized case
      no. C202301000001396) under section 207 of U.P. Revenue Code 2006,
      within Stipulated time fixed by this Hon'ble Court deem fit under the facts
      of the case."

3. Learned counsel for the petitioner submits that a restoration application
preferred by the petitioner to recall an exparte order dated 18.12.2025 passed
in Revision No. 1396 of 2023, under Section 210 of the U.P. Revenue Code,
2006, which is pending before the respondent no.2 since 24.12.2025. 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
the event this petition is disposed of with a direction to the respondent no.2
to decide the pending restoration application, in accordance with law.

5. In view of the above, this writ petition is disposed of with a direction to
                                                                                            WRIC No. 32973 of 2026
                                                                    2


                                    the respondent no.2/Additional Commissioner (Administrative) Agra
                                    Division, Agra to decide the pending restoration application within a period
                                    of four months from the date of production of a certified copy of this order.



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




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

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