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2025 DAILYLAW 103735 (ALL)

RAM PYARE AND 20 OTHERS v. SUB DIVISIONAL OFFICER AND 3 OTHERS

WRIC/34116/2024 · 2025-04-07

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51119 Court No. - 35 Case :- WRIT - C No. - 34116 of 2024 Petitioner :- Ram Pyare And 20 Others Respondent :- Sub Divisional Officer And 3 Others Counsel for Petitioner :- Himanshu Pandey,Shivani Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed seeking following relief :- "Issue a writ order or direction of appropriate nature, holding the issues no. 6 & 9 so framed by the respondent no. 1 vide order dated 16.03.2023, are the mixed of law and facts and therefore, the respondent no. 1 may directed to decide the above issues only after receipts of evidence alongwith the other issues, at the time of final decision of the case itself. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 1 to hear, conclude and decide the proceeding of declaratory suit bearing Suit No. 212/1996-97 under Section 229-B of the Z.A. Act (having computerized case No. D-201605200010427) (Ram Awadh & others Vs. Adhakshay Nagar Palika Parishad Deoria) within a stipulated period of time as may be determined by this Hon'ble Court." 3. Learned counsel for the petitioner submitted that the above- mentioned suit is pending consideration and the same has not been decided till date. Learned counsel prayed that the same may be decided, expeditiously. 4. Since the above-mentioned suit is pending, no useful purpose would be served in keeping this petition pending. 5. In view of the above, this writ petition stands disposed of with a direction to respondent No.1 to decide the above-mentioned suit, in accordance with law, expeditiously, preferably within six months from the date of production of a certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties as well as giving a reasonable opportunity of leading evidence in respect of their case provided there is no other legal impediment. Order Date :- 8.4.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad