KANHIYA AND 9 OTHERS v. STATE OF U.P. AND 5 OTHERS
WRIC/7557/2025 · 2025-07-06
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29864 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29864 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:106530 Court No. - 34 Case :- WRIT - C No. - 7557 of 2025 Petitioner :- Kanhiya And 9 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dinesh Yadav Counsel for Respondent :- C.S.C.,Gaurav Kumar Chaturvedi Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:
"ii. Issue a writ, order or direction in the nature of mandamus directing the Respondent No. 2, Commissioner, Azamgarh Division, District Azamgarh to consider and decide the Appeal along with Stay application No.205/A (Computerized No. C202315000001793) [Kanhaiya Vs. SDM martinganj district Azamgarh and Aadarsh and Others) and also the connected with Appeal No. 204/A (Computerized No.C202315000001793) [Kanhaiya and others Vs. Sub-Divisional Magistrate Tahsil Martinganj District Azamgarh and others), filled on 13.12.2023 under Section 207 of U.PR.C., 2006 relating to the Gata No. 531 area 0.1560 hectare situated at Village Kauragahni, Pargana Mahul, Tehsil Martinganj, Azamgarh; within a stipulated period of time as prescribed by this Hon'ble Court; And it is further prayed that this Hon'ble Court may be pleased to issue order or direction and directing to the respondent no 4, 5 and 6 maintain status quo regarding the possession, nature and character of the land in disputed till the disposal of aforesaid Stay application otherwise petitioner shall be irreparable loss and injury." It is contended that an Appeal along with stay application No.205/A (Computerized No.C202315000001792) connected with Appeal No.204/A (Computerized No.C202315000001793) filed under Section 207 of U.P. Revenue Code, 2006 is pending
consideration. The prayer made in the writ petition is for expeditious disposal of the said appeal. As no useful purpose would be served in keeping the matter pending or issuing notice to the private respondents, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit, with a direction upon respondent no.2- Commissioner, Azamgarh Division, Azamgarh to decide Appeal along with stay application No.205/A (Computerized No.C202315000001792) connected with Appeal No.204/A (Computerized No.C202315000001793) filed under Section 207 of U.P. Revenue Code, 2006, in accordance with law, after hearing all affected parties, preferably within a period of three months from
the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit.
Order Date :- 7.7.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad