ITWARILAL v. ADDITIONAL COMMISSIONER (JUDICIAL), AGRA, DISTRICT AGRA AND 6 OTHERS
WRIC/3299/2025 · 2025-02-13
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14585 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14585 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:20391 Court No. - 34 Case :- WRIT - C No. - 3299 of 2025 Petitioner :- Itwarilal Respondent :- Additional Commissioner (Judicial), Agra, District Agra And 6 Others Counsel for Petitioner :- Abhishek Kumar Counsel for Respondent :- Avinash Chandra Srivastava,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 relief:-
"(i) To issue a writ order or direction in the nature of certiorari quashing the order dated 22.08.2024 passed by respondent No.1 (Annexure No.7) to the extent whereby stay application has been rejected."
3. Contention of learned counsel for the petitioner is that a suit under Section 144 of the U.P. Revenue Code, 2006 has been
decreed by the court below, against which the petitioner has filed an appeal, which has been admitted by lower appellate court, but the application for interim relief has been rejected. Since the proceedings under Section 144 of the U.P. Revenue Code 2006 are the proceedings for title and appeal against the decree has been entertained and admitted by the court below, in view of the
judgment of the Apex Court in Mool Chand Yadav Vs. Raza Buland Sugar Company Limited reported in 1982 (3) SCC page No. 484 and in view of judgment in case of Maheshwar Pratap Shahi Vs. State of U.P. and 5 Others in Writ B No. 412 of 2020 dated 13.02.2020, it has been argued by learned counsel for the petitioner that the lower appellate court has erred in law in rejecting the stay application.
4. No useful purpose would be served in keeping this petition pending.
5. The appellate court i.e. respondent no. 1- Additional Commissioner (Judicial), Agra Division, Agra is directed to consider and decide the appeal in accordance with law, expeditiously, preferably, within a period of six 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.
6. Till disposal of the appeal, parties are directed to maintain status quo.
7. With these observations, the writ petition is disposed of.
Order Date :- 13.2.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad