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Neutral Citation No. - 2025:AHC:32805-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 3114 of 2025 Petitioner :- Ravindar Kushwaha Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deep Chand Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State- respondents.
2. This writ petition is preferred praying for the following principal relief:
"I. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 i.e. Commissioner Gorakhpur Mandal Gorakhpur to conclude and decide stay application in Appeal no. C-202505000000045 (Ravindar Kushwaha Vs. State of U.P. through Collector Deoria) within some stipulated period of time fixed by this Hon,ble court. II. Issue a writ order or direction in the nature of mandamus, directing the respondents not to harass the petitioner in pursuance to order dated 28.10.2024 passed by respondent no.3 Additional District Magistrate (Finance and Revenue) District Deoria, during pendency of the stay application as well as appeal before respondent no.2 Commissioner Gorakhpur Mandal Gorakhpur."
3. Learned counsel for the petitioner states that against the impugned order dated 28.10.2024, an appeal along with a stay application has been preferred, but despite best efforts, the stay application has not been decided till date. Due to the pendency of the said appeal, the petitioner is suffering irreparable loss and injury.
4. Considering the facts and circumstances of the case, we are not inclined to keep the writ petition pending consideration and call for a counter affidavit.
5. Therefore, without adverting the merits of the case, this writ petition is finally
disposed of with a direction to the competent authority to decide the stay application filed along with the appeal within three weeks from the date of presentation of a certified copy of this order. The appeal shall also be decided within the following three weeks. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.)
Order Date :- 6.3.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad