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2025 DAILYLAW 11037 (ALL)

RAMKHELAVAN v. STATE OF U.P. AND 3 OTHERS

WRIC/2290/2025 · 2025-02-10

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:18833 Court No. - 33 Case :- WRIT - C No. - 2290 of 2025 Petitioner :- Ramkhelavan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prashant Mishra,Vipin Chandra Pal Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J. 1. The writ petition is being filed with the following prayer :- " Issue a writ, order or direction in the nature of mandamus direction, restraining the respondents from taking any coercive action against the petitioner, including dispossession from the property situated at Gata No. 47 (Non-Z Area) Area Cantonment, Post and Tehsil-Banda, Banda, during the pendency of Civil Appeal No. 38/2024, which is pending before the learned District Judge, Banda, pursuant to the order dated 19.12.2024 passed by the City Magistrate, Banda, and all consequential actions, including the notice dated 23.12.204 issued by the Tehsildar, Banda." 2. Learned counsel petitioner submits that the appeal of the petitioner is pending consideration before the District Judge, Banda and submits that the ends of justice would be served in the event the stay application filed in the pending appeal is decided by the appellate authority. 3. Learned Standing Counsel has no objection. 4. In view of the aforesaid, writ petition is disposed of with a direction to the appellate authority i.e. District Judge, Banda shall consider and decide the stay application of the petitioner in the pending appeal on the next date or on such shoter date not more than ten days from the date of production of certified copy of this order. Order Date :- 10.2.2025 Abhishek Sri. Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad