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Neutral Citation No. - 2025:AHC:104002 Court No. - 33 Case :- WRIT - C No. - 3573 of 2025 Petitioner :- Majeed Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Kant Dwivedi Counsel for Respondent :- C.S.C.,Vineet Pandey Hon'ble Prakash Padia,J.
1. Sri Vineet Pandey, learned counsel appearing on behalf of respondent no. 3/Nagar Nigam Jhansi placed the instruction dated 02.04.2025 before this Court, the same is taken on record. 2. The petitioner has preferred the present petition inter alia with the following prayer:-
"i. issue a writ, order or direction in the nature of Mandamus commanding and directing to the respondent no. 2 to decide the stay application filed in computerize case no. T202406370103594, filed under section 32 of U.P. Revenue Code, 2006, Majeed Khan Vs. Nagar Nigam and another pending before him since 24.125.2024 (Ann. 1 to the writ petition). ii. issue a writ, order or direction in the nature of Mandamus directing the respondent no. 2 not to interfere in the peaceful possession of the petitioner upon the land in question dispute in the computerize case no. T202406370103594, during pendency of stay application filed to decide the stay application filed in computerize case no. T202406370103594, during pendency of the stay application filed in the said case, pending before the respondent no. 2 since 24.12.2024 "
3. Facts in brief as contained in the writ petition are that the Case No. 10 of 2023- 2024 filed by the petitioner against Nagar Nigam, Jhansi as provided under section 32 of U.P. Revenue Code, 2006 alongwith the said case an application for grant of interim protection was also filed on 24.12.2024. On the said application notices were issued by the respondent no. 2 on the same day. Interim injunction is urgently required in the matter, hence a prayer has been made to direct the respondent no. 2 to pass appropriate orders on the stay application filed by the petitioner in the aforesaid case expeditiously. 4. This prayer has not been opposed either by the learned Standing Counsel
appearing on behalf of respondent nos. 1 and 2 or by Sri Vineet Pandey, learned counsel appearing on behalf of respondent no. 3/Nagar Nigam Jhansi. 5. In the facts and circumstances of the case and also in the interest of justice, the respondent no.
2 is directed to pass appropriate orders in the application for interim relief dated 24.10.2024, copy of which is appended as Annexure No. 1 to the writ petition, most expeditiously and preferably within a period of six weeks from the date of production of certified copy before him but without granting unnecessary adjournment unless there is no legal impediment. 6. With the aforesaid observation, the writ petition is allowed. Order Date :- 3.7.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad