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Neutral Citation No. - 2025:AHC:23799 Court No. - 34 Case :- WRIT - C No. - 3822 of 2025 Petitioner :- Shiv Shankar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nitin Kumar Tiwari,Vinod Shankar Tripathi Counsel for Respondent :- Azad Rai,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 mandamus directing the respondent no. 2 to decide the appeal no. Nil of 2024 (Shiv Shankar Vs State of U.P. and others) within a stipulated time period. II. Issue a writ, order or direction in the nature of mandamus commanding the respondent authority to not take any action in pursuance of the order dated 21.03.2023 passed by Sub divisional Officer Phoolpur District Prayagraj. III. Issue a writ, order or direction in the nature of mandamus commanding the respondent authority to not take any action in pursuance of the order dated 21.03.2023 passed by Sub divisional Officer Phoolpur District - Prayagraj and maintain status-quo till the disposal of stay application which is pending in appeal no. nil of 2024 before the Respondent no. 2."
3. Contention of learned counsel for the petitioner is that an order has been passed against the petitioner in proceedings under Section 67 of the U.P. Revenue Code, 2006. The petitioner has filed an appeal against the said order. The appeal filed by the petitioner is pending and during the pendency of the appeal, respondents are trying to demolish the constructions raised by the petitioner. 4. Learned Standing Counsel submitted that no useful purpose would be served in keeping this petition pending and a direction be issued to District Magistrate, Prayagraj to consider and decide the appeal filed by the petitioner. 5. It has been further submitted by learned counsel for the petitioner that because of the Mahakumb-2025, the District Magistrate, Prayagraj has not decided the appeal. 6. Be that as it may, the writ petition is disposed of with direction to the District Magistrate, Prayagraj to consider and decide the appeal filed by the petitioner, in accordance with law, after hearing all the parties concerned. 7. Till disposal of the appeal, the constructions raised by the petitioner shall not be demolished by the respondents. Order Date :- 19.2.2025 Nitika Sri.
(Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad