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Allahabad High Court

DASHRATH CHAUHANversusSTATE OF U.P. AND 12 OTHERS

Decided

Holding

The High Court directed the Sub Divisional Magistrate to decide the restoration application within three months, subject to the absence of any legal impediment.

Summary

Dashrath Chauhan filed a writ petition before the Allahabad High Court seeking a direction to the Sub Divisional Magistrate (SDM) of Nizamabad, Azamgarh, to decide a restoration application dated 03-06-2025 filed in case T202415060200751. The petitioner alleged delay in the SDM's decision and requested the court to compel a timely adjudication. The court, after hearing counsel, declined to express any view on the merits of the restoration application itself. Instead, it ordered the SDM to decide the application expeditiously, preferably within three months of receiving a certified copy of the order, unless a legal impediment exists. The petition was thereby disposed of with the said direction, and no notice to private respondents was deemed necessary.

Issues considered

  • Whether the High Court can direct a Sub Divisional Magistrate to decide a pending restoration application within a specified time frame

Subjects

  • writ petition
  • restoration application
  • administrative law
  • expeditious decision
  • Sub Divisional Magistrate
  • Allahabad High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT - C No. - 7603 of 2026

                                    Dashrath Chauhan
                                                                                                    .....Petitioner(s)
                                                                          Versus

                                    State Of U.P. And 12 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)            : Akhila Nand Pandey, Nilam Pandey
                                    Counsel for Respondent(s)            : C.S.C., Rameshwar Prasad Shukla

                                    Court No. - 6
                                                         HON'BLE PRAKASH PADIA, J.

                                    1. Heard learned counsel for the petitioner.

                                    2. In view of the order proposed to be passed today, notices need not be
                                    issued to the private-respondents.

                                    3. The petitioner has preferred the present writ petition inter-alia with the
                                    prayer to direct the Respondent No.2 i.e., Sub Divisional Magistrate, Tehsil
                                    Nizamabad, District Azamgarh to decide the restoration application dated
                                    03.06.2025 filed in Case No.T202415060200751 (Dashrath Chauhan and
                                    others vs. Lalta Prasad and others) within stipulated period.

                                    4. Heard counsel for the parties.

                                    5. Considering the facts and circumstances of the case and without
                                    expressing any opinion on the merits of the issue, the present writ petition is
                                    disposed of finally with a direction to the Respondent No.2 i.e., Sub
                                    Divisional Magistrate, Tehsil Nizamabad, District Azamgarh, to decide the
                                    aforesaid application in accordance with law expeditiously and preferably
                                    within a period of three months from the date of presentation of certified
                                    copy of this order, unless there is no legal impediment.



                                                                                               (Prakash Padia,J.)
                                    March 18, 2026
                                    Swati




Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad


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