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2025 DAILYLAW 139098 (ALL)

RAMYAGYA TIWARI v. STATE OF U.P. THRU. COLLECTOR, SULTANPUR AND OTHERS

A227/2715/2025 · 2025-05-08

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26965 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2715 of 2025 Petitioner :- Ramyagya Tiwari Respondent :- State Of U.P. Thru. Collector, Sultanpur And Others Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, learned Standing Counsel for the State/opposite party Nos.1 and 2 as well as Shri Mohan Singh, learned counsel for the opposite party No.4/Gaon Sabha and perused the record. In view of order proposed to be passed, issuance of notice to the private- respondent is hereby dispensed with. By means of this petition, the petitioner seeks following main relief :- "Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to direct the opp.party no. 2 to decide the the application for stay dated 22.1.2025, pending in case no.230/2025, computerised case no.230/2025, computerised case no. 202504000000230, Ram Yagya Tiwari VS. Ram Jiyawan & others, under Section 207 of U.P. Revenue code 2006, expeditiously within the stipulated time as provided by this Hon'ble court in the interest of justice." Taking note of the fact that the petitioner is an old an old person of 75 years and on account of pendency of the appeal and no order being passed on the interim relief application, the petitioner is suffering great hardship, the indulgence of this Court is required in the matter. The prayer is to expedite the proceedings of pending case. Learned State counsel as well as learned counsel for the opposite party No.4 submits that they have no objection in case an expedite order is passed. Considering the facts and circumstances of the case, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the opposite party No.2/Additional Commissioner (Judicial), Ayodhya Division, Ayodhya to decide the interim relief application on the next date fixed, if possible and if there is no other legal impediment and if it is not possible, for any reason, then the same shall be disposed of within one month from the next date fixed in the matter after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party preferably. It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 8.5.2025/ML Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench