Allahabad High Court
SHIVDAS AND 12 OTHERSversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The Court directs the Sub‑Divisional Magistrate to decide the restoration application expeditiously, preferably within three months, without expressing any opinion on its merits.
Summary
The petitioners filed a writ petition seeking a direction to the Sub‑Divisional Magistrate (SDM) of Meja, Prayagraj, to decide their restoration application (No. RST/9021 of 2025) filed under Section 144 of the Uttar Pradesh Revenue Code, 2006, within the prescribed period. The petition arose from a pending revenue case (Case No. 02901 of 2019) involving the petitioners and the State. The Court, after hearing counsel, chose not to express any view on the merits of the restoration claim but ordered the SDM to decide the application expeditiously, preferably within three months of receiving the certified copy of the order. No notice to private respondents was deemed necessary. Consequently, the writ petition was disposed of with the specified direction.
Issues considered
- Whether the Sub‑Divisional Magistrate should be directed to decide the restoration application filed under Section 144 of the U.P. Revenue Code, 2006 within a stipulated time.
Legislation cited
- U.P. Revenue Code, 2006 — s. 144
Subjects
- writ petition
- restoration application
- Section 144
- U.P. Revenue Code
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 8961 of 2026
Shivdas And 12 Others
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ankit Kumar Sahu, Kameshwar Prasad
Patel
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Heard learned counsel for the petitioners.
2. In view of the order proposed to be passed today, notices need not be
issued to the private-respondents.
3. The petitioners have preferred the present writ petition inter-alia with the
prayer to direct the Respondent No.2 i.e., Sub-Divisional Magistrate, Meja,
District Prayagraj to decide the Restoration Application No.RST/9021 of
2025 (Computer Case No.T202502030809021) filed by the petitioner in
Case No.02901 of 2019 (Computer Case No.T201902030802901) (Shrinath
and others vs. Shivdas and others), under Section 144 of U.P. Revenue
Code, 2006 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, Meja, District Prayagraj, to decide the aforesaid
restoration 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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