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Neutral Citation No. - 2025:AHC:129022 Court No. - 34 Case :- WRIT - C No. - 38907 of 2024 Petitioner :- Virendra Kumar Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Dr. Om Prakash Yadav Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Rohit Ranjan Agarwal,J.
1. Supplementary affidavit filed today is taken on record.
2. This writ petition has been filed with the following prayers:-
"(i) issue an appropriate order or direction restraining the respondent authority Tehsildar Sagari, Azamgarh from interfering peaceful possession of petitioner on his Bhumidhari Gata No. 408 area 0.125 hectare, during pendency
of
legal
proceeding in Appeal No. C2024415000010001 Janardan and others Vs. Harbans and others (Annexure No.12) and Suit No. NIL U/s 25/26 U.P. Revenue Code- 2006, Mahendra and others Vs. Gram Sabha (Annexure No.14) going on accordingly. (ii) issue an appropriate order or direction, directing the respondent no.1/Tehsildar restraining from interfering in peaceful possession of petitioner on his Bhumidhar Gata No. 408 area 125 hectare, during pendency of legal proceeding going on accordingly, so that justice may be done."
3. It is contended that proceedings initiated by petitioner under Section 24 of U.P. Revenue Code, 2006 was decided against which private respondents had filed an appeal under Section 24(4) of the Code, which is pending consideration. Further, it has been stated that another proceedings under Section 25/26 of U.P. Revenue Code, 2006 are pending consideration. The petitioner is seeking direction for expediting both appeal as well as proceedings under Section 25/26 of U.P. Revenue Code, 2006.
4. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon respondent no. 4 to decide the Appeal No. C2024415000010001 (Janardan and others vs. Harbans and others) and proceeding under section 25/26 of U.P. Revenue Code, 2006, Mahendra and others vs. Gram Sabha, in accordance with law, after hearing all affected parties,
preferably within a period of two months from the date of production of certified copy of this order.
5. With the aforesaid directions, writ petition stands disposed of.
6. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 1.8.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad