Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 11577 (ALL)

VAHIDUDDIN @ CHUNNU v. STATE OF U.P. AND 29 OTHERS

A227/1629/2025 · 2025-02-18

Rohit Ranjan Agarwal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:23695 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1629 of 2025 Petitioner :- Vahiduddin @ Chunnu Respondent :- State Of U.P. And 29 Others Counsel for Petitioner :- Diwan Saifullah Khan Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:- "I. Direct the chief Judicial Magistrate, Varanasi to consider and decide the mutation appeal no. 383 of 2019 (Vahiduddin @ Chunnu and others Vs. Nagar Palika Ramnagar and others,) within stipulated period fixed by this Hon'ble Court." This is the second writ petition for the same cause of action. Earlier, the petitioner had approached this Court through Matters Under Article 227 No.4150 of 2020, which was disposed of by order dated 07.01.2021. The said order is extracted here as under:- "Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. The petitioner has filed an Appeal No. 383 of 2019 (Vahiduddin @ Chunnu and others Vs. Nagar Palika Ramnagar and others, Varanasi) before the Chief Judicial Magistrate, Varanasi. The petitioner wants that the aforesaid appeal be decided expeditiously. Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to respondent no. 2 to decide the case of the petitioner. Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed of directing respondent no. 2-Chief Judicial Magistrate, Varanasi to decide the Appeal No. 383 of 2019 (Vahiduddin @ Chunnu and others Vs. Nagar Palika Ramnagar and others, Varanasi) of the petitioner within a period of one year from the date of production of copy of this order. The writ petition is disposed of subject to the observations made above. In view of the fact that due to the pandemic of COVID-19, the certified copy is not being issued by the High Court, therefore, the order downloaded from the website duly certified by learned counsel for the petitioner may be treated as true copy of the order and the Authority may not refuse to comply the order on the ground of non filing of certified copy of the order." The present writ petition has been filed with the same prayer. The second writ petition for the same cause of action is not maintainable and the same stands dismissed. Order Date :- 19.2.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad