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2025 DAILYLAW 35236 (ALL)

LALA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/9490/2025 · 2025-04-07

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51129 Court No. - 35 Case :- WRIT - C No. - 9490 of 2025 Petitioner :- Lala And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sandeep Dubey,Satyendra Kumar Dwivedi Counsel for Respondent :- C.S.C. 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 a writ, order of direction in the nature of nature of mandamus directing the respondent No. 3 to decide the Suit No. 6 of 2007-08 Under Section 161 of U.P.Z.A. & L.R Act, (Lala Versus Nagar panchayat Bithoor and another) pending in the Court of Sub Divisional Magistrate, Sadar, Kanpur Nagar and to decide the matter expeditiously if possible or fix date for disposal of above writ petition. Issue a writ, order of direction in the nature of nature of mandamus directing the respondent No. 4 to compensate the petitioner for the encroachment of Bhumidhari land of the petitioner which is used from 2003." 3. Learned counsel for the petitioner submitted that Suit No.06 of 2007-08 (Lala vs. Nagar Panchayat Bithur and another) under Section 161 of U.P.Z.A. & L.R. Act is pending consideration and the same has not been decided till date. Learned counsel prayed that the same may be decided, expeditiously. 4. Since the above-mentioned suit 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.3 to decide the above-mentioned suit, 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 as well as giving a reasonable opportunity of leading evidence in respect of their case provided there is no other legal impediment. Order Date :- 8.4.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad