Courts have the power to direct the expeditious disposal of cases to prevent undue delay and prejudice to the parties involved.

Court No. - 5

Case :- WRIT - B No. - 3563 of 2022

Petitioner :- Ashutosh Kumar Singh And Another

Respondent :- State Of U P And 4 Others

Counsel for Petitioner :- Vidhya Shanker Tiwari

Counsel for Respondent :- C.S.C.

Hon'ble Dinesh Pathak,J.

The instant writ petition has been filed beseeching the

expeditious disposal of the restoration application No.1302

(Ashutosh and others Vs. State), pending in the court of Deputy

Director of Consolidation, Varanasi (respondent No.2).

It is submitted that the petitioners have filed restoration

application dated 26.03.2021 against the order dated 20.4.2017

passed by the Deputy Director of Consolidation in three

corrected revisions. It is further submitted that notices were

issued to the opposite parties, thereafter, so many dates are

being fixed but no fruitful steps be taken to decide the case.

Learned Standing Counsel has no objection in issuing a

direction for expeditious disposal of the aforesaid restoration

application within stipulated period as directed by this Court.

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 to the Deputy

Director of Consolidation, Varanasi-respondent no. 2 to decide

the aforesaid restoration application, strictly in accordance with

law by means of a reasoned and speaking order, after affording

opportunity of hearing to the parties concerned and without

granting any unnecessary adjournments to either of the parties

expeditiously, preferably, within a period of six months from

the date of production of certified copy of this order.

Before parting the case, learned counsel for the petitioners has

prayed for interim relief in favour of the petitioners.

It is further submitted that the petitioners have also moved an

application for interim relief alongwith restoration application

before the Deputy Director of Consolidation but the same has

not been decided and still pending for consideration.

In view of the order of the date simultaneously, it is also

provided, that the stay application, in case, moved by the

petitioners alongwith restoration application shall be decided

within a period of fifteen days from the date of production of a

certified copy of this order.

For a period of twenty days or till the decision of the stay

application, whichever is earlier, parties are directed to maintain

status quo on spot.

Order Date :- 3.1.2023

Mini

Digitally signed by :-

MINI KANAUJIYA

High Court of Judicature at Allahabad