BALWANT KUMAR SONKAR AND 4 OTHERS v. State of UP AND 7 OTHERS
WRIC/39875/2024 · 2025-02-19
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 109161 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 109161 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:24919 Court No. - 34 Case :- WRIT - C No. - 39875 of 2024 Petitioner :- Balwant Kumar Sonkar And 4 Others Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Devendra Kumar Tiwari,Lakshmi Kant Pandey Counsel for Respondent :- Ayush Mittal,C.S.C.,Harshit Pandey Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed for following reliefs:-
"I. Issue a writ, order or direction may issue to the respondent No. 3 to not execute final decree dated 27.3.2024 passed by the Sub Divisional Magistrate, Varanasi in Partition Suit No. T 201914700111730 till the pendency of in Appeal No. C 2024 14000001197 of 2024 before the respondent No.2. II. Issue a writ, order or direction to direct the respondent No.2 to decide the stay application in Appeal No. C 2024 14000001197 of 2024 of the petitioners pending before him within specific period and further prayed by this Hon'ble Court to direct the respondents not to interfere into the peaceful possession of the petitioners over the land in question."
3. Contention of learned counsel for the petitioners is that stay application filed in appeal No. C-202414000001197 of 2024 is pending since 2024 and 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- Additional Commissioner Varanasi Division, Varanasi to consider and decide the stay application filed in the appeal, in accordance with law, expeditiously, preferably within a period of eight weeks from the date of production of a certified copy of this order after ensuring service upon the opposite parties as well as giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment. Order Date :- 20.2.2025/Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad