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2025 DAILYLAW 35507 (ALL)

BABBAN DEVI v. ADDITIONAL COMMISSIONER (ADMINISTRATION) AZAMGARH AND 8 OTHERS

WRIC/9565/2025 · 2025-04-08

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51801 Court No. - 35 Case :- WRIT - C No. - 9565 of 2025 Petitioner :- Babban Devi Respondent :- Additional Commissioner (Administration) Azamgarh And 8 Others Counsel for Petitioner :- Ram Pravesh Yadav,Shashank Kumar Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla 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 or direction in the nature of mandamus commanding the Respondent no. 1/Additional Commissioner (Administration) Azamgarh Division, Azamgarh, to consider and decide the Appeal No. C202015000001138 (Babban Devi Vs. Golardhan @ Gobardhan and others) under Section 331 of U.P.Z.A.& L.R. Act as early as possible within a stipulated period as fixed by this Hon'ble Court, if possible on the next date fixed; ii) issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere in his peaceful possession of the petitioner over the land in dispute consisting of Arazi No. 624 area 0.1300 Hectare, 627-Ka area 0.0400 Hectare, 628-Ka area 0.0410 Hectare, 966 area 0.400 Hectare, 971 area 0.0610 Hectare, 976 area 0.0240 Hectare situated in village Mauja Baina, Pargana and Tehsil Sadar, District Ballia, during the pendency of said Appeal before the Respondent No.1;." 3. Learned counsel for the petitioner submitted that the above-mentioned appeal is pending consideration since 2018 and the same has not been decided till date. Learned counsel prayed that the same may be decided, expeditiously. 4. Since the above-mentioned appeal 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.1 to 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 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 :- 9.4.2025 Rishabh Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad