RAJ KUMAR AND ANOTHER v. STATE OF U.P. AND 13 OTHERS
WRIC/5760/2025 · 2025-03-19
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22415 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22415 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:40416 Court No. - 35 Case :- WRIT - C No. - 5760 of 2025 Petitioner :- Raj Kumar And Another Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Ambrish Singh,Kunwar Mayank Singh Counsel for Respondent :- Azad Rai,C.S.C.,Nishad Ramjanki,Sabhajeet,Upasana Rajpoot Hon'ble Manish Kumar Nigam,J.
1. Counter affidavit filed by counsel for respondent No. 5 and Compliance affidavit filed by counsel for the petitioners today, are taken on record.
2. Heard Sri Kunwar Mayank Singh, learned counsel for the petitioners, Sri Sabhajeet, learned counsel for respondent no. 5- contesting respondent, learned Standing Counsel for the State- respondents and perused the record.
3. This writ petition has been filed for following reliefs:-
"A. Issue a writ order or Direction in the nature of Certiorari to quash the order dated 03.01.2025 passed by Respondent No.2 in Appeal No. 2641 of 2024 (Computerize Case No. C202402000002641) Raj Kumar and Another Vs. Jai Prakash and others, under Section 24(4) of the U.P. Revenue Code, so far it relates to reject the stay application filed by the Petitioners. (Vide Annexure No. 5 to the Writ Petition). B. Issue a writ order or Direction in the nature of Mandamus commanding and directing the Respondents Nos.5 to 12 to maintain status quo over the Plot in Dispute during the Pendency of the Appeal No. 2641 of 2024 (Computerize Case No. C202402000002641) Raj Kumar and Another Vs. Jai Prakash and others, under Section 24(4) of the U.P. Revenue Code, pending before the Respondent No.2."
4. Contention of learned counsel for the petitioners is that appeal filed by the petitioners in proceedings under Section 24 of the U.P. Revenue Code, 2006 before the Additional Commissioner, (Administration) Prayagraj Division Prayagraj, has been admitted by the appellate authority but the stay application has been
rejected.
5. Learned Standing Counsel as well as Sri Sabhajeet, learned counsel for respondent no. 5 submitted that no useful purpose would be served in keeping this petition pending and it would be in the interest of justice to direct the appellate court to decide the appeal filed by the petitioners within a time frame as may be fixed by this Court.
6. The appellate court i.e. respondent no.2- Additional Commissioner, (Administration) Prayagraj Division Prayagraj is
directed to consider and decide the appeal in accordance with law, expeditiously, preferably, within a period of three months from the date of production of a certified copy of this order.
7. Sri Kunwar Mayank Singh, learned counsel for the petitioners and Sri Sabhajeet, learned counsel for respondent no. 5 assured the Court that they will co-operate in decision of the appeal within three months and will not seek any unnecessary adjournments.
8. For a period of three months or till disposal of appeal, the parties are directed to maintain status quo.
9. With these observations, the writ petition is disposed of.
Order Date :- 20.3.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad