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Allahabad High Court

COMMITTEE OF MANAGEMENT SWAWALAMBI BASIC PRIMARY PATHSHALA AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The court directs the respondent to decide the restoration application within three months, without unnecessary adjournments.

Summary

The Committee of Management of Swawalambi Basic Primary Pathshala filed a writ petition seeking an order directing the Assistant Collector (First Class)/Tehsildar of Machalishehar, Jaunpur to decide a restoration application dated 30 September 2025. The petitioners argued that despite a considerable lapse of time, no final decision had been rendered. The court noted that putting the respondents on notice would serve no useful purpose and that the petitioners' relief could be granted by a direct order. Consequently, the court disposed of the petition, directing the respondent to decide the restoration application strictly in accordance with law, as expeditiously as possible, preferably within three months, and to avoid unnecessary adjournments unless a legal impediment exists. The order was pronounced on 19 March 2026.

Issues considered

  • Whether the High Court should direct the Assistant Collector/Tehsildar to decide the restoration application expeditiously.

Subjects

  • restoration application
  • administrative delay
  • expeditious decision
  • writ petition
  • High Court of Allahabad

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
                    WRIT - C No. - 9233 of 2026


Committee Of Management Swawalambi
Basic Primary Pathshala And Another                    .....Petitioner(s)
                              Versus

State Of U.P. And 2 Others
                                                       .....Respondent(s)

Counsel for Petitioner(s)       : Ajeet Kumar Shukla, Yogesh
                                  Kumar
Counsel for Respondent(s)       : Bhupendra Kumar Tripathi,
                                  C.S.C.

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

1. Heard learned counsel for the petitioners, learned
Standing Counsel for the respondent-State and perused
the record.

2. In view of the order proposed to be passed herein, no
useful    purpose    would     be      served     by        putting   the
respondent/respondents to notice and keeping this petition
pending    before    this   Court.     However,        in     case    the
respondent/respondents feels aggrieved by the order
his/her right to seek modification/variation of the order is
being kept reserved.

3. The basic relief sought by the petitioners in the present
petition is to direct the respondent no.2-Assistant Collector
(First Class)/Tehsildar (Judicial), Tehsil-Machalishehar,
District Jaunpur to decide restoration application dated
30.09.2025 expeditiously.

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
                                                                                            WRIC No. 9233 of 2026
                                                                       2


                                        petition is disposed of directing the respondent no.2 to
                                        decide the aforesaid application strictly in accordance with
                                        law most expeditiously and preferably within a period of
                                        three             months but   without   granting   unnecessary
                                        adjournment unless there is no legal impediment.
                                        March 19, 2026
                                        Pramod Tripathi

                                                                                       (Prakash Padia,J.)




Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad


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