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2025 DAILYLAW 111968 (ALL)

AFSAR KHAN v. STATE OF U.P. AND 15 OTHERS

WRIC/42232/2024 · 2025-05-13

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78862 Court No. - 35 Case :- WRIT - C No. - 42232 of 2024 Petitioner :- Afsar Khan Respondent :- State Of U.P. And 15 Others Counsel for Petitioner :- Sharad Chand Rai Counsel for Respondent :- Arun Kumar Pandey,C.S.C. 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:- "1. Issue a writ, order or direction in the nature of mandamus directing to the respondent no. 2 i.e. Sub Divisional Magistrate, Tehsil Milak, District Rampur to decide the application of the petitioner on dated 13.11.2024 (Afsar Khan and Others Vs Prithvi Singh and others) under section 24(1) UP Revenue Code, 2006, with stipulated period fix by this Hon'ble Court. (Annexure No. 4 to this writ Petition) II. To, issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to ensure, not interfere the peaceful possession of the petitioner over the land in question and also direct the respondents no. 4 to 16 not disturb to the petitioner in the aforesaid land situated at Village Achaura, Kremcha, Milak, District Rampur." 3. Contention of learned counsel for the petitioner is that an application under Section 24 of the U.P. Revenue Code, 2006 is pending since 2024 and he prayed that 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 - Sub Divisional Magistrate, Tehsil Milak, District Rampur to consider and decide the application, 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 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 :- 14.5.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad