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2025 DAILYLAW 24956 (ALL)

MAKFUL v. STATE OF U.P. AND 12 OTHERS

WRIC/6212/2025 · 2025-03-03

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29977 Court No. - 34 Case :- WRIT - C No. - 6212 of 2025 Petitioner :- Makful Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Avneesh Kumar Singh,Prabhakar Singh,Sanjay Kumar Dwivedi Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant writ petition has been filed for following relief: "i. Issue a writ, order or direction in the nature of Mandamus direct the respondent no.3- Additional Collector (Finance & Revenue), Tehsil-Tamkuhiraj, (Division Gorakhpur), District Kushinagar to decide the case No.1473/2023 computerized case No.D202305440001473 (Makful Vs. Anwar and others) under section 30 of U.P. Revenue Code, 2006, pending before him since 12.06.2023 within specific period as may be directed by this Hon'ble Court. ii. Issue a writ, order or direction in the nature of Mandamus direct the respondent authorities do not interfere in the peaceful possession over arazi no.1439 and 1440 situated in village-Sarya Bujurg, Tehsil-Tamkuhiraj, District-Kushinagar." 3. Contention of the learned counsel for the petitioners is that the aforementioned case is pending since 2023 before respondent no.3 for adjudication. He prayed that the same may be decided expeditiously. 4. No useful purpose would be served in keeping this petition pending. 5. The present petition stands disposed of finally with a direction to the respondent No. 3, Additional Collector (Finance & Revenue), Tehsil-Tamkuhiraj, (Division Gorakhpur), District Kushinagar to consider and decide the aforementioned case of the petitioner, in accordance with law, expeditiously, preferably within a period of four months from the date of production of a certified copy of this order after ensuring service upon all the respondents, 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. Order Date :- 4.3.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad