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2025 DAILYLAW 23038 (ALL)

JISHAN v. STATE OF U.P. AND 7 OTHERS

WRIC/5687/2025 · 2025-05-19

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84645 Court No. - 35 Case :- WRIT - C No. - 5687 of 2025 Petitioner :- Jishan Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Anjani Kumar Rai,Mashhood Abbas Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record. 2. The instant writ petition has been filed for the following relief: "A. Issue writ order or direction in nature of certiorari to quashed the entire proceedings of pending Appeal bearing Computer case no. T20241560207504 (Habiburrahman and others Vs Shahnaz and others) under section 35(2) U.P. Revenue Code 2006 read with section 210 of Z.A.L.R. Act 1950, filed by respondent no. 3 and pending before Respondent no. 2/ Sub-Divisional Magistrate Nizamabad, District Azamagarh, (Annexure No. 5). B. Issue writ order or direction in nature of prohibition to Respondent no. 2/ Sub- Divisional Magistrate Nizamabad, District Azamagarh from further hearing of the Appeal No. bearing Computer case no. D20231560207505 (Habiburrahman and others Vs Shahnaz and others) under section 35(2) U.P. Revenue Code 2006 read with section 210 of Z.A.L.R. Act 1950, against the order dated 15.03.2023 passed by Tehsildar Nizamabad case no./R.S.T. No. 1792 of 2015 Computer Case No. T201515060211792 under section 34/35 U.P. Land Revenue Act 1901 regarding mutation proceeding of plot no. 650/1 area 0.055 hec. and plot no. 650/1 area 0.049 Hec. and plot no. 865 area 0.023 hec. situated at Village Khudkashta, Saraimeer, Tehsil Nizamabad, District Azamgarh." 3. Learned counsel for the petitioner states that the petitioner is opposite party in the aforesaid appeal which has been filed by respondent no. 8 and the same is pending before respondent no. 2. It is further contended that several dates have been fixed but the same has not been decided yet. 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 to consider and decide the aforementioned case, in accordance with law, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order after ensuring service upon all the opposite parties and giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 20.5.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad