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2025 DAILYLAW 22422 (ALL)

EKLAKH AHMAD v. STATE OF U.P. AND 9 OTHERS

WRIC/5500/2025 · 2025-03-19

Kshitij Shailendra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40196 Court No. - 44 Case :- WRIT - C No. - 5500 of 2025 Petitioner :- Eklakh Ahmad Respondent :- State of U.P. and 9 others Counsel for Petitioner :- Mahender Pal Singh Yadav Counsel for Respondent :- C.S.C. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel. 2. The prayer made in the instant writ petition is to stay further proceedings of Appeal No.2744 of 2024 (Computerized Case No.C202414000002744) (Jumman vs. Eklakh Ahmad and others) under Section 38(4) of the Uttar Pradesh Revenue Code, 2006. 3. Learned counsel for the petitioner submits that appeal has been filed only to harass the petitioner and, therefore, the petitioner prays for stay of the proceedings. 4. I have perused the record and I find that the petitioner is one of the respondents in appeal. 5. Learned Additional Commissioner has already rejected the stay application by order dated 12.11.2024 although the appeal has been admitted. 6. Merely because the other side has preferred an appeal challenging an order which may be against the said appellant, the same, in itself, may not be a ground to stay the proceedings of appeal. 7. No other prayer has been made in the writ petition nor any other argument has been advanced. 8. The Court does not find any merit in the writ petition and is also of the view that no writ lies only praying interim order. 9. The writ petition is, accordingly, dismissed. Order Date :- 20.3.2025 Jyotsana Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad