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2025 DAILYLAW 17463 (ALL)

THAKUR YADAV v. STATE OF U.P. AND 3 OTHERS

WRIC/4149/2025 · 2025-02-27

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28373 Court No. - 34 Case :- WRIT - C No. - 4149 of 2025 Petitioner :- Thakur Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Om Prakash Verma,Om Prakash Yadav 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 petition has been filed for the following relief: "A. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 (Sub Divisional Officer, Tehsil-Kasimabad, District-Ghazipur) not to construct any road near or adjacent to land in dispute (plot no. 252 situated at Mauja-Bahatura) during the pendency of Case No. D202414290002091 under Section 30 of U.P. Revenue Code, 2006 in the Court of District Magistrate, Ghazipur." 3. Learned Standing Counsel has submitted that since the proceedings under Section 30 of U.P. Revenue Code, 2006 are pending before respondent no. 2, no useful purpose would be served in keeping this petition pending, and a direction be issued to respondent no. 2 to decide the application of the petitioner under Section 30 of U.P. Revenue Code, 2006. 4. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No. 2 to consider and decide the aforementioned application, in accordance with law, 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 and 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. Order Date :- 28.2.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad