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Court No. - 35 Case :- WRIT - C No. - 10335 of 2025 Petitioner :- Sudarshan @ Kanchan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Virendra Kumar Yadav Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record. 2. The instant writ petition has been filed for the following relief:
"1. issue a writ order or direction in the nature of certiorari quashing the notice dated 24.03.2025 issued by Regional Lekhpal, Tehsil-Pindra, District-Varanasi under the seal and signature. 2. Issue a writ order or direction in the nature of mandamus commanding the respondent no.2 to decide the appeal/Case No.NIL of 2025, Sudarshan Versus State of U.P. and Others pending before him. 3. issue any other suitable order or direction and/or to pass suitable order which this Hon'ble Court may deems fit and proper under the circumstances of the case."
3. Contention of the learned counsel for the petitioner is that an ex-parte order was passed against the petitioner in proceedings under Section 67 of the U.P. Revenue Code, 2006 on 16.10.2020. The restoration application filed by the petitioner has been rejected by order dated 10.11.2023. Thereafter, the petitioner filed an appeal on 22.11.2023 which is pending consideration and it has not been decided yet. It has been further contended by learned counsel for the petitioner that notice has been issued to the petitioner on 24.03.2025 directing the petitioner to remove his constructions within three days. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending and respondent no. 2 be directed to decide the appeal in a time frame as may be fixed by this Court. 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 appeal, in accordance with law, expeditiously, preferably within a period of three months 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. 6.
6. Till disposal of the appeal, no demolition shall be carried out in pursuance of the
order dated 16.10.2020.
7. It is made clear that in case, the petitioner seeks undue adjournment in the appeal to linger on the proceedings, the interim order granted by this Court shall automatically stand vacated.
Order Date :- 17.4.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad