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2025 DAILYLAW 108788 (ALL)

DALSINGAR v. State of UP AND 4 OTHERS

WRIC/39292/2024 · 2025-02-19

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:24859 Court No. - 34 Case :- WRIT - C No. - 39292 of 2024 Petitioner :- Dalsingar Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Upendra Upadhyay Counsel for Respondent :- C.S.C. 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 certiorari quashing the impugned order dated 26.10.2024 passed by respondent no. 3 Sub Divisional Officer, Zamaniya, District Ghazipur. (b) issue a writ, order or direction in the nature of mandamus directing the respondents, specially, the respondent no. 3 and 4 not to dispossess the petitioner in pursuance of the impugned order dated 26.10.2024 passed by the respondent no. 3 during the pendency of the appeal No. C202414000000771 of 2024 (Dalsingar Yadav Vs. Jamuna Rai and others) before the court of Additional Commissioner-II, Varanasi Division, Varanasi, otherwise the petitioner shall suffer irreparable loss and injury." 3. Learned counsel for the petitioner states that the aforesaid appeal 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 Additional Commissioner-II, Varanasi Division, Varanasi to consider and decide the aforementioned appeal, in accordance with law, expeditiously, preferably within a period of three months 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 :- 20.2.2025/Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad