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Neutral Citation No. - 2025:AHC:20618 Court No. - 9 Case :- WRIT - C No. - 4117 of 2025 Petitioner :- Navneet Kumar Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashutosh Kumar Pandey,Sonu Kumar Tiwari Counsel for Respondent :- C.S.C.,Punit Kumar Gupta Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:-
"1-Issue a writ, order or direction in the nature of Mandamus directing the respondent no.3 and 4 not to interfere in peaceful possession of the petitioner and not to dispossess the petitioner from the plots in dispute during pendency of Suit No.105 of 2024 before the respondent no.2. II-Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 to decide the Suit No.105 of 2024 pending before him expeditiously within stipulated period."
2. The prayer made in the writ petition cannot be granted in view of Constitution Bench judgment of Hon'ble Supreme Court in High Court Bar Association, Allahabad vs. State of Uttar Pradesh and others (2024) 6 SCC 267 as well as decision of Division Bench of this court in Ali Shad Usmani vs. Ali Isteba 2015(2) ADJ 250 (DB) .
3. When the Court was going to dismiss the writ petition, counsel for the petitioner submits that an application for grant of temporary injunction moved by the petitioner is pending consideration, which may be directed to be decided expeditiously.
4. In view of the above, without calling for counter affidavit or issuing notice to private respondents, this Court directs the U.P. Waqf Tribunal, Lucknow to decide the temporary injunction application filed in Suit No.105 of 2024, in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order.
5. With the aforesaid direction, present writ petition stands disposed of.
6. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 13.2.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad