Allahabad High Court
MOHMOOD FATIMAversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The Court directed the Tehsildar to decide the restoration application expeditiously, preferably within three months, thereby granting the writ of mandamus.
Summary
The petitioner, Mohmood Fatima, filed a writ petition seeking a mandamus directing the Tehsildar of Tehsil Chayal, District Kaushambi, to decide a restoration application dated 21-12-2017 (case No. 205263 of 2017, Pradeep Kumar vs. Asharif Lal) within a fixed period. The petitioner argued that an inordinate delay had occurred and no final decision had been rendered. The Court noted that involving the private respondent was unnecessary and reserved the right for any aggrieved private party to seek modification. Considering the delay, the Court ordered the Tehsildar to decide the restoration application expeditiously, preferably within three months of receiving the certified copy, and to avoid unnecessary adjournments. The petition was disposed with the direction, and the private respondent’s right to seek variation of the order was kept in reserve.
Issues considered
- Whether the Tehsildar can be compelled by a writ of mandamus to decide the pending restoration application within a stipulated time.
Subjects
- writ petition
- mandamus
- restoration application
- administrative delay
- expeditious decision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 7247 of 2026
Mohmood Fatima
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Faiz Ahmad
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Heard learned counsel for the petitioner, learned counsel for the
respondents and perused the record.
2. In view of the order proposed to be passed herein, no useful purpose
would be served by putting the private respondent to notice and keeping this
petition pending before this Court. However, in case the private respondent
feels aggrieved by the order his/her right to seek modification/variation of
the order is being kept reserved.
3. The instant writ petition has been filed with the following relief:-
"1. Issue a writ order or direction in the nature of mandamus
directing the respondent no. 2 i.e. Tehshildar chayal, District
Kaushambi to decide the restoration application of the petitioner
dated 21.12.2017 in case no. 205263 of 2017 (Pradeep kumar vs.
Asharif Lal), within stipulated period as may be fixed by this
Hon'ble Court. "
4. It is argued by counsel for the petitioner that though a considerable time
has already been lapsed but till date no final decision has been taken in the
matter.
5. In the facts and circumstances of the case, the present petition is
disposed of directing the respondent no. 2/ Tehsildar, Tehshil Chayal,
District Kaushambi to decide the aforesaid case/suit strictly in accordance
with law most expeditiously and preferably within a period of three
WRIC No. 7247 of 2026
2
month from the date of production of certified copy before the trial court
but without granting unnecessary adjournment unless there is no legal
impediment.
(Prakash Padia,J.)
March 16, 2026
Sushma
Digitally signed by :-
SUSHAMA YADAV
High Court of Judicature at Allahabad
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