SUNEEL SHARMA AND ANOTHER v. THE STATE OF U.P. AND 3 OTHERS
WRIC/6335/2025 · 2025-03-04
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24969 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24969 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:32430 Court No. - 34 Case :- WRIT - C No. - 6335 of 2025 Petitioner :- Suneel Sharma And Another Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Adya Prasad Tewari 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. This writ petition has been filed seeking following relief :-
"issue nature a writ, order of respondent, or direction in mandamus commanding the 2nd respondent, the Additional Collector (Administration), Gorakhpur to process and decide stay application dated 11.12.2024 moved by the petitioner in Appeal No.D202405310018957 Suneel Sharma Vs. Gaon Sabha u/s 67(5), U.P. Revenue Code, 2008 as well as the aforesaid appeal dated 10.12.2024 by passing reasoned speaking order forthwith and till the disposal of stay application as well as appeal, the order impugned in appeal dated 07.12.2024 passed by the Assistant Collector/Tehsildar Chauri Chaura, Gorakhpur in Case No.4489 of 2021 Gaon Sabha vs. Suneel Sharma, u/s 67, U.P. Revenue Code, 2006 may be stayed."
3. Learned counsel for the petitioner submitted that proceedings u/s 67 of the U.P. Revenue Code, 2006 were initiated against the petitioner, to which, objections have been filed by the petitioner. Without considering the objection of petitioner, the impugned
order has been passed. Thereafter, petitioner preferred an appeal along with stay application and the same is pending before respondent No.2, however, till date, the same has not been decided. Learned counsel prayed that the same may be decided expeditiously.
4. Since the above-mentioned case is pending, no useful purpose would be served in keeping this petition pending.
5. In view of the above, this writ petition stands disposed of with a direction to respondent No.2 to decide the above-mentioned case, in accordance with law, expeditiously, preferably within six months from the date of production of a certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment.
6. Till disposal of the appeal, constructions of the petitioner shall not be demolished/disturbed.
Order Date :- 5.3.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad