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2025 DAILYLAW 26526 (ALL)

RAJPATI RAI AND 2 OTHERS v. STATE OF U.P. AND 14 OTHERS

WRIC/6747/2025 · 2025-03-05

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32153 Court No. - 34 Case :- WRIT - C No. - 6747 of 2025 Petitioner :- Rajpati Rai And 2 Others Respondent :- State Of U.P. And 14 Others Counsel for Petitioner :- Rishi Kant Rai,Vikalp Kumar Rai Counsel for Respondent :- C.S.C. 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 commanding/directing the Respondent No. 2, i.e., the Sub Divisional Magistrate, Tehsil- Nizamabad, District- Azamgarh, to decide the Case No. 2372/2022 (Computerised Case T202215060202372/T202515060201325), No.- Ashok and Others v. State of U.P. and Others, under Section 38(1) of U.P. Revenue Code 2006, of Gata No.- 233M (Old Gata No. 122), situated in Village- Ora, Tappa- Kotha, Pargana & Tehsil Nizamabad, District- Azamgarh, expeditiously preferably within a stipulated period as may be fixed by this Hon'ble Court. ii. Issue a writ, order or direction in the nature of Mandamus commanding/directing the Respondent No. 2, i.e., the Sub Divisional Magistrate, Tehsil- Nizamabad, District- Azamgarh, to ensure the possession of the petitioners on Gata No.- 233M (Old Gata No.- 122), situated in Village- Ora, Tappa- Kotha, Pargana & Tehsil- Nizamabad, District- Azamgarh, and direct the parties to maintain status quo." 3. Contention of the learned counsel for the petitioners is that the aforementioned case is pending since 2022 before respondent no.2 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. 2, Sub Divisional Magistrate, Tehsil- Nizamabad, District- Azamgarh to consider and decide the aforementioned, in accordance with law, expeditiously, preferably within a period of two 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 :- 6.3.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad