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2025 DAILYLAW 106135 (ALL)

PALAKU v. State of UP AND 7 OTHERS

WRIC/36426/2024 · 2025-02-24

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:26862 Court No. - 34 Case :- WRIT - C No. - 36426 of 2024 Petitioner :- Palaku Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Sanjay Kumar Rai Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned Standing Counsel for the State-respondents and perused the record. 2. The instant writ petition has been filed for the following relief:- "(i) Issue a writ order or direction in the nature of mandamus directing the respondent no.3 i.e. Sub-divisional Magistrate Jakhaniya, District Ghazipur to decide the case No.976 of 2018, Computrized No.D201814290000976 (Shiv Moorat Vs. Palaku) under section 198 (4) U.P.Z.A. & L.R. Act, expeditiously as possible as within short stipulated period as may be fixed by this Hon'ble court which is pending before Sub-divisional Magistrate Jakhaniya, District Ghazipur." 3. From the perusal of the writ petition and annexures annexed thereto, it appears that the aforementioned case under Section 198(4) of the U.P.Z.A. & L.R. Act, 1950 is pending since 2018 and several dates have been fixed by the court concerned, however, till date, the same has not been decided. 4. No useful purpose would be served in keeping this petition pending. 5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No.2- Sub-divisional Magistrate, Tehsil- Jakhaniya, District Ghazipur to consider and decide the aforementioned case, in accordance with law, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order after ensuring service upon all the opposite parties, hearing all the concerned parties and giving a reasonable opportunity of leading evidence in respect of their case provided there is no other legal impediment. Order Date :- 25.2.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad