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Neutral Citation No. - 2025:AHC:31212 Court No. - 34 Case :- WRIT - C No. - 6453 of 2025 Petitioner :- Bhola And 4 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Jay Prakash Singh Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. The instant petition has been filed for the following relief:
"i) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities not disposes or interfere in the peaceful possession of the petitioners over the land in question, during the pendency of Case No. Nill of 2025 (Bhola and others Vs. State of U.P. and others) under section 24 of U.P. Revenue Code, 2006 before the Sub-Divisional Magistrate, Sadar District Ghazipur."
3. Contention of learned counsel for the petitioners is that the respondents are encroaching upon the land of the petitioners by constructing a Chakroad. The petitioners have already moved an application for demarcation which is pending. In the said proceedings, the petitioners have also moved an application for stay. The application filed by the petitioners has yet not been registered.
4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending.
5. The present petition stands disposed of with a direction to the respondent No. 3, Sub Divisional Magistrate, Tehsil-Sadar, District-Ghazipur to consider and decide the proceedings under Section 24 of the U.P. Revenue Code, 2006 in accordance with law, expeditiously, preferably within a period of three months from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned and after giving a reasonable opportunity of leading evidence in respect of their case provided that there is no other legal impediment.
6. Till disposal of the proceedings, parties are directed to maintain status quo.
7. It is made clear that in case, adjournment is sought by the petitioners, the interim order granted by this Court shall automatically be vacated. Order Date :- 5.3.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad