Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:29782 Court No. - 50 Case :- WRIT - C No. - 5174 of 2025 Petitioner :- Gobari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Awadhesh Kumar Malviya,Manoj Kumar Singh Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J.
1. Heard Counsel for the petitioner and 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 expedite the appeal No. 7044 of 2024, computerized case No. T20241509004450 (Gobari Vs. Suruji Devi and another) under Section 207 of U.P. Revenue Code, 2006 pending before him within stipulated period. (ii) To issue a writ, order or direction in the nature of mandamus directing the respondents not to create any third party right till decision of appeal before the respondent no.2."
3. Counsel for the petitioner submitted that appeal filed by petitioner against the order passed in the proceeding under Section 34/35 of U.P. Revenue Code, 2006 is pending before respondent no.2, Sub Divisional Magistrate Belthara Road District Ballia since 5.9.2022. 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, Sub Divisional Magistrate Belthara Road District Ballia 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