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2025 DAILYLAW 113356 (ALL)

RAJU v. STATE OF U.P. AND 6 OTHERS

WRIC/43376/2024 · 2025-02-07

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19086 Court No. - 7 Case :- WRIT - C No. - 43376 of 2024 Petitioner :- Raju Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Balram Mishra Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Prakash Padia,J. 1. The Order dated 14.10.2024, passed by respondent no. 2/Commissioner, Basti Division, Basti in case no. 1332 of 2024, computer case no. C20241700001332, under section 207 of Uttar Pradesh Revenue Code, 2006 filed by the Respondent Nos. 6 and 7, is under challenge in the present petition. 2. The aforesaid appeal was filed against the order dated 21.09.2024 passed by Sub-Divisional Magistrate, Tehsil Mehandawali, District Sant Kabir Nagar in which an order dated 14.10.2024 passed by respondent no. 2/Commissioner, Basti Division Basti by the aforesaid order matter was remitted back before the Sub-Divisional Magistrate, Tehsil Mehandawali, District Sant Kabir Nagar and he was directed to decide the matter on merits after providing opportunity of hearing to both the parties concerned. 3. Apart from various other arguments one of the argument is that the suit filed by the private-respondents was not maintainable. Though various arguments has been made by the counsel for the petitioner regarding validity of the aforesaid order and ultimately a prayer has been made to direct the Court before whom the proceedings are pending i.e. Respondent no. 4 to decide the matter expeditiously. 4. Heard counsel for the parties and perused the record. 5. In view of the same, without interfering with the order dated 14.10.2024 passed by respondent no. 2/Commissioner, Basti Division Basti which is impugned in the present writ petition, the present writ petition is disposed of finally directing the Respondent No. 4 Sub-Divisional Magistrate, Tehsil Mehandawal, District Sant Kabir Nagar to decide the matter as per the direction given in the order dated 14.10.2024 expeditiously and preferably within a period of three months from the date of production of certified copy of this order unless there is no other legal impediment. Order Date :- 7.2.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad