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2025 DAILYLAW 15699 (ALL)

SHYAMLAL v. STATE OF U.P. AND 2 OTHERS

A227/1229/2025 · 2025-02-18

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:24420 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1229 of 2025 Petitioner :- Shyamlal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Diwan Saifullah Khan Counsel for Respondent :- C.S.C.,Manu Saxena Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- " I. Issue suitable order or direction the learned District Judge Ghaziabad to consider and decide the application under Section 5 of the limitation act as well as stay application dated 14.03.2024 of the petitioner filed by him under section 9 (3) of the Uttar Pradesh Public Premises (Eviction of Unauthorized Occupants Act 1972) in Misc. Appeal No. 1118 filed by the petitioner under section 9 of U.P. Act no. XXII of 1972 and till the disposal on the said application under section 9 (3) dated 14.03.2024 filed in Misc. Appeal no. 1118 under section 9 of U.P. Act no. XXII of 1972 (Shyamlal Vs. State of U.P. and others) and this Hon'ble court my pleased to stay the enforcement of the order dated 17.10.2024." 2. It is contended by learned counsel for the petitioner that against the eviction order, a misc. appeal under Section 9 of Uttar Pradesh Public Premises (Eviction of Unauthorized Occupants) Act 1972 has been preferred by petitioner in which a stay application as well as an application under Section 5 of Limitation Act is pending consideration. The sole prayer made in the writ petition is for expeditious disposal of the same. 3. No useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents. The District Judge, Ghaziabad is hereby requested to proceed with the matter and decide the delay condonation application first within a period of two months and thereafter proceed to decide the stay application filed by petitioner, strictly in accordance with law. 4. With the aforesaid directions, writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 19.2.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad