UMASHANKAR DUBEY v. ADDITIONAL COMMISSIONER 2ND JUDICIAL VARANASI MANDAL AND 3 OTHERS
WRIC/36965/2024 · 2025-02-13
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 106827 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 106827 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:21833 Court No. - 34 Case :- WRIT - C No. - 36965 of 2024 Petitioner :- Umashankar Dubey Respondent :- Additional Commissioner 2nd Judicial Varanasi Mandal And 3 Others Counsel for Petitioner :- Deepak Kashinath Dubey Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. The writ petition has been filed for the following relief:-
"(a) Issue a writ, order or direction in the nature of CERTIORARI to quash the impugned order dated 19.10.2024 (Annexure No. 12 to the present writ petition) passed by the respondent no. 1 in Appeal No.C2024140000000067 (Sanjeev Kumar Agrawal and another Vs. Umashankar Dubey and others) filed by the private respondents having no locus without any signature or endorsement of any of the parties or Advocates on the memo of appeal and pass a fresh order after hearing the objection of the petitioner dated 09.04.2024."
3. It has been contended by counsel for the petitioner that an order under Section 24 of the U.P. Revenue Code, 2006 has been passed in favour of the petitioner. Against which a recall application was moved by the private respondents which has been rejected. Thereafter, an appeal has been filed by the respondent which is pending consideration. In appeal, the petitioner has already filed his objections.
4. Learned Standing Counsel submits that no useful purpose would be served in keeping this petition pending and it would be in the interest of justice to direct the appellate court to decide the appeal within a time frame as may be fixed by this Court.
5. In view of the same, respondent No.1- Additional Commissioner 2nd, Judicial, Varanasi Mandal, Varanasi is directed to consider and decide the appeal expeditiously, preferably, within a period of three months from the date of production of a certified copy of this
order after considering the objections filed by the petitioner, 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.
6. Accordingly, this writ petition stands disposed of.
Order Date :- 14.2.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad