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2025 DAILYLAW 10234 (ALL)

ARVIND KUMAR AND ANOTHER v. STATE OF U.P. AND 30 OTHERS

WRIC/2294/2025 · 2025-01-23

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13199 Court No. - 50 Case :- WRIT - C No. - 2294 of 2025 Petitioner :- Arvind Kumar And Another Respondent :- State Of U.P. And 30 Others Counsel for Petitioner :- Amrita Singh Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J. 1. Learned counsel for the petitioner is permitted to make necessary correction in the array of the parties during the course of the day. 2. Heard learned counsel for the petitioner and Mr. Vivek Kumar Tripathi, learned Additional Chief Standing Counsel for the State-respondent and Mr. Rameshwar Prasad Shukla, learned counsel for the Gaon Sabha. 3. The instant petition has been filed for following relief:- I. Issue a writ, order or direction in the nature of mandamus directing the respondent No. 2, to conclude the proceeding of Case No. 973 of 2023, bearing Computerized Case No. C202315000000973 (Arvind Kumar and another vs. Sachitanand and others), under Section 38 (4) of U.P. Revenue Code, 2006, and decide the aforesaid suit within stipulated period or within time as fixed by this Hon'ble Court. 4. Learned counsel for the petitioner submitted that appeal arising out of proceedings under Section 38 (1) of U.P. Revenue Code, 2006, filed at the instance of petitioners is pending before respondent No. 2/ Additional Commissioner (Judicial), Azamgarh Mandal, Azamgarh, since 17.07.2023. He further placed a certified copy of the order-sheet of the proceeding, which is annexed as annexure-3 to the writ petition in order to demonstrate that the aforementioned matter is still pending. He submitted that appropriate direction be issued for expeditious disposal of the pending proceeding. 5. Considering the facts and circumstance of the case, the instant petition is finally disposed of directing the respondent No. 2/ Additional Commissioner (Judicial), Azamgarh Mandal, Azamgarh, to decide the aforementioned case after affording proper opportunity of hearing to the parties expeditiously, preferably, within a period of four months from the date of production of a certified copy of this order before him. Order Date :- 23.1.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad