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2025 DAILYLAW 37447 (ALL)

AMIT KUMAR GUPTA v. STATE OF U.P. AND 9 OTHERS

WRIC/10521/2025 · 2025-04-09

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52410 Court No. - 35 Case :- WRIT - C No. - 10521 of 2025 Petitioner :- Amit Kumar Gupta Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Manoj Kumar Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. C. M. Amendment Application No. 1 of 2025 1. Amendment application is allowed. 2. Learned counsel for the petitioner is permitted to make necessary correction in the prayer clause during course of the day. Order on petition 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record. 2. The instant writ petition has been filed for the following relief: "Issue a writ, order or direction in the nature of mandamus commanding upon the Sub Divisional Magistrate, Sahjanwa, District Gorakhpur to decide the stay application dated 05.03.2025 filed in Suit no. 217 of 2024 (Computerized case no. T202505310601582) pending before him, within stipulated period of time specified by this Hon'ble Court, otherwise petitioner shall suffer irreparable loss and injury." 3. Contention of the learned counsel for the petitioner is that the proceedings under Section 24 of the U.P. Revenue Code, 2006 initiated by the petitioner are pending since 2024 and the respondents started construction over the land in dispute. It is further submitted by learned counsel for the petitioner that stay application has been moved by the petitioner on 05.03.2025 and the same is pending till date. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending. 5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No. 2 to consider and decide the aforementioned stay application, in accordance with law, expeditiously, preferably within a period of eight weeks from the date of production of a certified copy of this order after ensuring service upon all the opposite parties and 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. Order Date :- 10.4.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad