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2025 DAILYLAW 21421 (ALL)

THE JANTA TRUCK HONORS WELFARE SOCIETY DHANAURA ROAD CHANDPUR DISTRICT BIJNOR v. STATE OF U.P. AND 3 OTHERS

WRIC/5175/2025 · 2025-03-02

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29378 Court No. - 50 Case :- WRIT - C No. - 5175 of 2025 Petitioner :- The Janta Truck Honors Welfare Society Dhanaura Road Chandpur District Bijnor Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Peeyush Kumar Pathak,Prateeyush Kumar Pathak Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard Counsel for the petitioner and Mr. Ashok Kumar Sonkar, learned Standing Counsel for State-respondents. 2. The instant writ petition has been filed for the following reliefs:- "(i) Issue a writ, order or direction in the nature of mandamus directing respondent no.2 to decide the Appeal No. 1976 of 2024 headed as Janta Truck Honors Welfare Society vs. Government of U.P. in accordance with law expeditiously within the time prescribed by this Hon'ble Court. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to dispossess the petitioner from the plot having gata No. 1595 area 0.155 hectare Pargana and Tehsil Chandpur District Bijnor." 3. Counsel for the petitioner submitted that appeal under Section 38 (4) of the U.P. Revenue Code, 2006 filed on behalf of the petitioner is pending before respondent no.2, Commissioner Moradabad Division since 17.8.2024. He further placed the certified copy of 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, Commissioner Moradabad Division to consider and decide the aforementioned appeal in accordance with law expeditiously and preferably within a period of three 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. Order Date :- 3.3.2025 Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad