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2025 DAILYLAW 35484 (ALL)

MOHD ISLAM ANSARI v. STATE OF U.P. AND 2 OTHERS

WRIC/10421/2025 · 2025-04-16

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56623 Court No. - 35 Case :- WRIT - C No. - 10421 of 2025 Petitioner :- Mohd Islam Ansari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- A.P. Singh 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 :- "TO ISSUE a writ, order or direction in the nature of mandamus commanding and directing the District Magistrate Kushinagar i.e. Respondent No.2 to decide the Appeal bearing its No.D202505440000617 (Mohd. Islam Vs Gaon Sabha) under Section 67(5) of U.P. Revenue Code, 2006 dated 20.3.2025 filed before him and restrain the Respondent No.3 i.e. Tehsildar- Tehsil Tamkuhi, Kushinagar from demolishing the Masjid in pursuance of the demolition order dated 27.1.2025 passed in Case No.13805/2024 (Gaon Sabha Vs Sabir Ali-Caretaker Eidgaah) under Section 67 of U.P. Revenue Code, 2006 by way of deciding the stay application along with the aforesaid appeal, preferably with immediate effect." 3. Contention of learned counsel for the petitioners is that against the order dated 27.1.2025 passed under Section 67 of the U.P. Revenue Code, 2006, petitioner has preferred an appeal on 20.3.2025 which is pending consideration. It has been further contended that during pendency of the appeal, respondents are trying to demolish the constructions of petitioner. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this writ petition pending and a direction may be issued to respondent No.2 to consider and decide the appeal filed by the petitioner in a time frame as fix by by this Court. 5. Accordingly, this writ petition stands disposed of with a direction to respondent No.2 to consider and decide the above-mentioned appeal, 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 after 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 by the respondents in pursuance of the order dated 27.1.2025. It is further provided that petitioner, who is the appellant before the Court below, will not seek undue adjournment and in case, petitioner seeks undue adjournment, the interim protection granted by this Court shall automatically vacated. Order Date :- 17.4.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad