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2025 DAILYLAW 16706 (ALL)

AMAR SINGH v. STATE OF U.P. AND 21 OTHERS

WRIC/3798/2025 · 2025-02-18

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:23774 Court No. - 34 Case :- WRIT - C No. - 3798 of 2025 Petitioner :- Amar Singh Respondent :- State Of U.P. And 21 Others Counsel for Petitioner :- Vijay Singh Chauhan Counsel for Respondent :- Bhupendra Kumar Tripathi,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 reliefs:- "i. Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 23.04.2024 passed by respondent No.2 by rejected the stay application filed by the petitioner alongwith appeal No. C20221400000954 (Amar Singh Versus Sahab Lal Vishwakarma and others). ii. Issue a writ order or direction in the nature of mandamus commanding the respondent no.2 to decide maintain status-quo upon the land in dispute iii. Issue a writ order or direction in the nature of mandamus commanding the respondent no.2 to decide the appeal No. C20221400000954 (Amar Singh Versus Sahab Lal Vishwakarma and others)," 3. Contention of learned counsel for the petitioner is that against an order dated 30.05.2022, the petitioner filed an appeal, which has been admitted but the stay application was rejected. It has also been submitted by counsel for the petitioner that the appellate court has erred in law in rejecting the stay application. 4. Learned Standing Counsel submits that no useful purpose would be served in keeping this petition pending and it would be in the interest of justice to direct the appellate court to decide the appeal filed by the petitioner within a time frame as may be fixed by this Court. 5. In view of the same, respondent No. 2- Commissioner, Varanasi Region, Varanasi is directed to consider and decide the appeal filed by the petitioner expeditiously, preferably, within a period of three months from the date of production of a certified copy of this order after ensuring service upon all the opposite parties, giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. 6. Accordingly, this writ petition stands disposed of. Order Date :- 19.2.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad