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2025 DAILYLAW 35875 (ALL)

UDAI v. STATE OF UTTAR PRADESH AND 4 OTHERS

WRIC/10401/2025 · 2025-04-08

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51845 Court No. - 35 Case :- WRIT - C No. - 10401 of 2025 Petitioner :- Udai Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Manoj 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. The writ petition has been filed for the following reliefs:- "a. Issue a writ order or direction in the nature of certiorari to quash the orders dated 28.07.2017 and the order dated 04.04.2018 passed by the Tehsildar (Judicial), Tehsil-Sadar District- Azamgarh in case no. T2017156570 "Report Vs Udai". b. Issue a writ order or direction in the nature of mandamus commanding and directing the respondents not to interfere in the possession of the petitioner." 3. Contention of learned counsel for the petitioner is that proceedings under Section 67 of the U.P. Revenue Code, 2006 were decided against the petitioner by an ex-parte order dated 28.07.2017. Restoration application filed by the petitioner has also been dismissed on 04.04.2018. Against the said orders, the petitioner preferred an appeal under Section 67(5) of the U.P. Revenue Code, 2006 which is pending before respondent No. 2 4. Learned Standing Counsel submits that no useful purpose would be served in keeping this petition pending and it would be in the interest of justice to direct the appellate court to decide the appeal filed by the petitioner within a time frame as may be fixed by this Court. 5. In view of the same, respondent No. 2- District Magistrate, District- Azamgarh is directed to consider and decide the appeal filed by the petitioner expeditiously, preferably, within a period of six months from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. 6. Accordingly, this writ petition stands disposed of. Order Date :- 9.4.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad