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2025 DAILYLAW 25090 (ALL)

TILAKDHARI AND ANOTHER v. STATE OF UP AND 19 OTHERS

WRIB/845/2025 · 2025-05-18

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83583 Court No. - 50 Case :- WRIT - B No. - 845 of 2025 Petitioner :- Tilakdhari And Another Respondent :- State Of Up And 19 Others Counsel for Petitioner :- Dharmendra Kumar Tripathi,Shashank Tripathi Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Chandra Kumar Rai,J. Re: Civil Misc. Amendment Application No.2/2025. 1. Heard learned counsel for the parties. 2. In view of the facts mentioned in the affidavit in support of the application, the instant amendment application is allowed. 3. Counsel for the petitioners is permitted to make necessary amendment in the prayer clause of the writ petition during course of the day. Order on writ petition 1. Heard Sri Dharmendra Kumar Tripathi, learned counsel for the petitioners, Sri Tarun Gaur, learned standing counsel for the state-respondents and Sri Bhupendra Kumar Tripathi, learned counsel for the respondent-gaon sabha. 2. The instant writ petition has been filed for the following relief:- "Issue a writ, order or direction in the nature of mandamus, commanding the Settlement Officer of Consolidation/respondent no.2 to decide the stay application filed by the petitioner in Appeal No.0007, Tilakdhari and Another vs. Hakim Chandra and Others, under Section 11(1) of the U.P. C.H. Act, relating to village Saderi, Pargana- Haveli, Tehsil Sadar, District Jaunpur, within the stipulated period and till the disposal of the stay application, parties may be directed to maintain status quo at the spot." 3. Counsel for the petitioners states that the Consolidation Officer has passed the order dated 17.12.2024 in arbitrary manner, accordingly, the appeal under Section 11(1) of the U.P. C.H. Act has been filed on behalf of the petitioners along with stay application which is pending before respondent no.2/Settlement Officer of Consolidation. He submitted that appropriate direction be issued for the expeditious disposal of the pending appeal and till the disposal of the appeal, the effect and operation of the order dated 17.12.2024 be stayed. 4. Learned standing counsel submitted that interim order should not be granted in the instant matter, however, direction can be issued for the expeditious disposal of the pending appeal. 5. I have considered the arguments advanced by learned counsel for the parties and perused the records. 6. There is no dispute about the fact that the appeal under Section 11(1) of the U.P. C.H. Act along with stay application has been filed by the petitioners which is pending before respondent no.2/Settlement Officer of Consolidation. 7. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this petition is disposed of with the direction to respondent no.2 to decide the aforesaid appeal under Section 11(1) of the U.P. C.H. Act, as expeditiously as possible, preferably within a period of 3 months, from the date of production of a certified copy of this order before the authority concerned, after affording proper opportunity of hearing to the parties concerned, in accordance with law. It is made clear that all the pending applications in appeal shall be disposed of by the appellate court before deciding the appeal as directed above. Order Date :- 19.5.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad