Allahabad High Court
DASHRATH CHAUHANversusSTATE OF U.P. AND 12 OTHERS
- Decided
- Bench
- PRAKASH PADIA
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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