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2025 DAILYLAW 100042 (ALL)

SHANTI v. STATE OF U.P. AND 9 OTHERS

WRIC/33622/2025 · 2025-09-23

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33622 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This writ petition has been filed with the following prayer:- "I. Issue writ, order, or direction in the nature of mandamus directing the respondent no. 2/Commissioner Azamgarh Division Azamgarh to decide the stay application dated 04.09.2025 filed by petitioner in appeal No. 68/B bearing Case No. 2613/2025 its Computerize Case No.C202515000002613 (Shanti Vs. Ganesh and others) under Section 331(3) U.P.Z.A. & L.R. Act, 1950 expeditiously within short stipulated period or as directed by this Hon'ble Court." 2. It is contended that the private-respondent had initiated declaratory suit under Section 229-B of the U.P.Z.A. and L.R. Act, which was decreed. Against which, the petitioner has preferred an appeal which is pending consideration before the respondent no. 2. In the said appeal, a stay application has been moved on 04.09.2025 which is pending consideration. The sole prayer made is for expeditious disposal of the stay application. 3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, without calling for counter affidavit, with a direction to the respondent no. 2- Commissioner, Azamgarh Division, Azamgarh to decide the stay application dated 04.09.2025 filed by the petitioner in Appeal No. 68/B bearing Case No. 2613/2025, Computerize Case No.C202515000002613 (Shanti Vs. Ganesh and others) under Section 331(3) U.P.Z.A. & L.R. Act, in accordance with law, after hearing all affected parties, preferably within a period of two weeks from the date of production of certified copy of this order. 4. With the aforesaid directions, writ petition stands disposed of. Versus Counsel for Petitioner(s) : Manoj Yadav Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla, Subedar Shukla Shanti .....Petitioner(s) State Of U.P. And 9 Others .....Respondent(s) 5. It is made clear that this Court has not adjudicated the matter on merits. September 24, 2025 A. V. Singh WRIC No. 33622 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad