HAREESH KUMAR AND 4 OTHERS v. STATE OF U.P. AND 5 OTHERS
WRIC/5324/2025 · 2025-03-02
Chandra Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18550 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18550 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:29497 Court No. - 50 Case :- WRIT - C No. - 5324 of 2025 Petitioner :- Hareesh Kumar And 4 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Jai Prakash Tripathi,Surendra Pal Counsel for Respondent :- C.S.C.,Sher Bahadur Singh Hon'ble Chandra Kumar Rai,J.
1. Heard Counsel for the petitioners, Mr. Sher Bahadur Singh, learned counsel for respondent- Gaon Sabha and Mr. Hari Om Singh, learned Standing Counsel for State- respondents.
2. The instant writ petition has been filed for the following reliefs:-
"(i) To issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the stay application filed in case No. 2095 of 2024 (computer case No. C2024120000095 (Hareesh Kumar and others Vs. Dr. Dushyant Sharma and others) u/s 207 of U.P. Revenue Code, 2006 expeditiously and within stipulated period as fixed by Hon'ble Court. (ii) To issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to direct the respondents not to interfere in peaceful possession of the petitioner during pendency of the aforesaid appeal before the Court of Additional Commissioner, Administration Bareilly Division Bareilly."
3. Counsel for the petitioners submitted that suit under Section 144 of the U.P. Revenue Code, 2006 filed on behalf of the petitioners has been dismissed in arbitrary manner accordingly appeal under Section 207 of the U.P. Revenue Code, 2006 filed on behalf of the petitioners along with stay application is pending before respondent no.2, Additional Commissioner Administration Bareilly Division Bareilly. He placed the order sheet of the pending proceeding in order to demonstrate that matter is not proceeding expeditiously.
4. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue,
the present petition stands disposed of finally with a direction to respondent No.2, Additional Commissioner Administration Bareilly Division Bareilly to consider and decide the aforementioned appeal in accordance with law expeditiously and preferably within a period of four months from the date of production of certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties. It is further directed that before deciding the appeal, all the pending applications in the appeal shall be
disposed of in accordance with law.
Order Date :- 3.3.2025 Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad