IN THE HIGH COURT OF ALLAHABAD
DINESH PATHAK, J.
Mahesh Chand and Others – Petitioners
Versus
State of Uttar Pradesh and Others – Respondents
Writ (C) No. 23880 of 2024
Decided On : 02-08-2024
(A) Uttar Pradesh Revenue Code, 2006 - Section 34 - Writ petition for mandamus to register and decide a restoration application - Petitioners filed a restoration application on 28.06.2024, which remained unregistered and undecided - Court directed the Tehsildar to register and decide the application expeditiously, ensuring a reasoned order after hearing parties. (Paras 2, 5, 6)
(B) Writ Jurisdiction - The court emphasized the need for timely justice and the importance of a reasoned decision in administrative matters. (Paras 5, 6)
Facts of the case:
The petitioners filed a restoration application on 28.06.2024, which was pending registration and decision by the Tehsildar, prompting the writ petition.
Findings of Court:
The court directed the Tehsildar to register and decide the restoration application promptly, ensuring a reasoned order.
Issues: The main issue was the delay in registering and deciding the restoration application filed by the petitioners.
Ratio Decidendi: The court ruled that administrative authorities must act expeditiously and provide reasoned decisions to ensure justice.
Result: Writ petition disposed of with directions.
JUDGMENT :
DINESH PATHAK, J.
1. Heard learned counsel for the petitioners, learned Standing Counsel for the State and perused the records.
2. Instant writ petition has been filed, inter alia, for the following prayer:
“(i) TO ISSUE, a writ, order or direction in the nature of mandamus to directing the Respondent No. 2 to forthwith register Restoration Application dated 28.06.2024 as sent through “registered post” at R.C.C.M.S Portal and to allot a regular number to it which is arising from Case No. T202401500500769 Pooja Goyal Vs. Mahesh Chand and Others.
(ii) TO ISSUE, a writ, order or direction in the nature of mandamus to directing the Respondent No. 2 to decide the stay/ application as well as Restoration Application dated 28.06.2024 as sent through registered post on 09.07.2024 in Case No. T202401500500769 Pooja Goyal Vs. Mahesh Chand and Others as expeditiously as possible preferably within the time stipulated by this Hon'ble Court.”
3. It is submitted that having been aggrieved with the order dated 10.04.2024 passed by learned Tehsildar (respondent no. 2) under Section 34 of Uttar Pradesh Revenue Code, 2006, present petitioners have filed restoration application which is pending consideration since 28.06.2024. In paragraph nos. 8, 9, 10 and 15 of the instant writ petition, the petitioners came with the specific plea that they have moved a restoration application on 28.06.2024 before the court below, however, same has not been registered by the court concerned. In such circumstances, they have also sent the same application through registered post, however, till date, aforesaid restoration application has neither been registered nor any fruitful steps have been taken to decide the same.
4. Learned Standing Counsel has no objection, if a direction is issued to respondent no. 2 to decide the aforesaid application, expeditiously within stipulated period as directed by this Court.
5. In this conspectus as above, no useful purpose would be served to keep this matter pending. Therefore, this Court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case, as mentioned in the writ petition, with a direction that learned Tehsildar concerned (respondent no. 2) shall register the restoration application dated 28.06.2024 and decide the same in accordance with law expeditiously from the date of production of certified copy of this order along with the self attested copy of instant writ petition.
6. It is expected that it should be decided by a reasoned and speaking order, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments to either of the parties.
7. With the aforesaid direction, present writ petition is disposed of.
AI
Administrative authorities must register and decide applications expeditiously, providing reasoned decisions to ensure timely justice.
Restoration of appeal allowed due to unopposed application averments.
The court emphasized that parties cannot take advantage of the dismissal of an appeal for want of prosecution and allowed the applications filed by the appellants to restore the status quo ante in th....
Point of Law : Restoration of registration with retrospective effect, the authorities shall see that petitioner may not face any hurdle in filing his returns for the months of August 2021 to March 20....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.