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2025 DAILYLAW 106781 (ALL)

AFSAR KHAN v. State of UP AND 5 OTHERS

WRIC/37230/2024 · 2025-01-15

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6549 Court No. - 34 Case :- WRIT - C No. - 37230 of 2024 Petitioner :- Afsar Khan Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Mayank Krishna S Chandel,Vinod Kumar Chandel Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record. 2. The instant writ petition has been filed for the following relief: "(a) Issue a writ order or direction in the nature of mandamus commanding the respondent по. 2 Commissioner, Azamgarh Division, Azamgarh to decide the appeal no C202415000001678, Afasar Khan Vs Akbar Khan and other under section 207 of U.P Revenue code 2006, pending in the court of commissioner Azamgarh Division, Azamgarh within three months. (b) Issue writ order or direction in the nature of mandamus commanding the respondent no.2, commissioner, Azamgarh division, Azamgarh to direct the parties to maintain status quo aver the dispute land till the decision of appeal no. C202415000001678. Afsar Khan vs Akbar Khan and its under Section 207 of U.P. Revenue Code, 2006, pending in court of Commissioner, Azamgarh Division Azamgarh. (c) Issue writ order or direction in the nature mandamus commanding the respondent no. of 2 commissioner, Azamgarh to decide stay application in appeal no. C202415000001678, Afasar Khan Vs Akbar Khan and others, pending in court of commissioner, Agamgarh division, Azamgarh, within one month." 3. Learned counsel for the petitioner states that the aforesaid stay application is pending since 2024. It is further contended that several dates have been fixed but the same has not been decided yet. He prayed that the same may be decided, expeditiously. 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 to consider and decide the aforementioned stay application, in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after ensuring service upon all the opposite parties and giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 15.1.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad