RAFIQ ULLA DECEASED AND 6 OTHERS v. STATE OF U.P. AND 4 OTHERS
WRIC/5409/2025 · 2025-02-23
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21755 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21755 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:26742 Court No. - 34 Case :- WRIT - C No. - 5409 of 2025 Petitioner :- Rafiq Ulla Deceased And 6 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashutosh,K.C. Mishra Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed for following relief:-
"A- Issue a writ, order or direction in the nature of mandamus commanding to respondent no.2 to decide the stay Application filed in Appeal bearing no. 2047 of 2024 Computer No. C202402000002047 under section 24 (4) of U.P. Revenue code, 2006 "Rafiq Ulla and others Vs Ikhtiyaar Uddin" by passing a speaking and reasoned order within a very stipulated time meanwhile be pleased to stay the effect and operation of Impugned orders dated 14.06.2024 and 28.08.2024 challenged under aforementioned appeal and or further be pleased to direct parties concerned to maintain status quo on spot as today since construction is being made by respondent no.5 over disputed area of plot no.1147."
3. Contention of learned counsel for the petitioner is that stay application filed in appeal No. 2047 of 2024 is pending since 2024 and he prayed that the same may be decided expeditiously.
4. No useful purpose would be served in keeping this petition pending.
5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No.2 - Additional Commissioner (Judicial), Division- Prayagraj, District- Prayagraj to consider and decide the stay application filed in the appeal, in accordance with law, expeditiously, preferably within a period of eight weeks from the date of production of a certified copy of this order after ensuring service upon all the opposite parties, giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment. Order Date :- 24.2.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad