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2025 DAILYLAW 24728 (ALL)

AWADESH v. STATE OF U.P. AND 2 OTHERS

CRLP/3980/2025 · 2025-03-02

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29545-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 3980 of 2025 Petitioner :- Awadesh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deepankar Shukla,Mukesh Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State- respondents and perused the records. 2. This writ petition has been filed for quashing of the impugned order dated 05.02.2025 passed by District Magistrate, Auraiya (respondent No.3) in Case No.202503050000037 under Section 3(1) of U.P. Control of Gunda Act, 1970. 3. After arguing at some length, learned counsel for the petitioner has confined his prayer only to the extent that his appeal along with the stay application is still pending for consideration before the respondent-Authority and a suitable direction may be given by this Court to decide the same expeditiously. 4. Learned A.G.A. is having no objection to the same. 5. Considering the facts and circumstances of the case, the instant petition stands disposed of with a direction to the Respondent-authority concerned to decide the stay application in accordance with law, preferably within a period of three weeks from the date of submission of a copy of this order, after affording opportunity to the petitioner, if the stay application preferred by the petitioner is still pending. The appeal may also be decided thereafter by a speaking and reasoned order expeditiously. 6. It is made clear that this this Court has not expressed any opinion on merits of the case of the petitioner. Order Date :- 3.3.2025 Sachin (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad