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2025 DAILYLAW 38178 (ALL)

CHIRAUJI LAL GUPTA v. STATE OF U.P. AND 5 OTHERS

WRIB/1346/2025 · 2025-04-17

Chandra Kumar Rai

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:57217 Court No. - 50 Case :- WRIT - B No. - 1346 of 2025 Petitioner :- Chirauji Lal Gupta Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Mohit Verma,Sachida Nand Tripathi Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard learned counsel for the petitioner and Sri Hari Mohan Srivastava, learned Addl. C.S.C. for the state- respondents. 2. The instant writ petition has been filed for the following reliefs:- "A. Issue a writ, order or direction in the nature of mandamus, commanding/directing respondent no.2 to decide the Appeal No.1072/1322/23-24 in Case No.0833/2022 in Computer Case No.202254143600000833, Chirauji Lal vs. Phool Chandra, under Section 11(1) of the U.P. C.H. Act, pending before the respondent no.2 within the stipulated period. B. Issue a writ, order or direction in the nature of mandamus, commanding/directing respondent no.2 to direct respondent nos. 3 to 6 to maintain status quo with respect to nature and possession and not to raise further construction over land in dispute." 3. Counsel for the petitioner states that title appeal filed on behalf of the petitioner is pending before respondent no.2/Settlement Officer of Consolidation, Jaunpur since 2022. He submitted that the interim order for maintaining status quo was granted in the aforementioned title appeal but in spite of that, private respondents are interferring with the possession of the petitioner as well as trying to raise construction over the plot in question, as such, necessary direction be issued for the expeditious disposal of the pending case and till the disposal of the aforementioned appeal, interim protection be granted in favour of the petitioner. He further placed the certified copy of the order sheet which has been annexed as Annexure No.6 to the writ petition, in order to demonstrate that the case is not proceeding expeditiously. 4. I have considered the arguments advanced by learned counsel for the petitioner and perused the records. 5. There is no dispute about the fact that the title appeal filed by the petitioner is pending before respondent no.2 wherein interim order for maintaining status quo is operating. 6. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this petition is disposed of with the direction to respondent no.2 to decide the aforementioned title appeal, as expeditiously as possible, preferably within a period of 2 months, from the date of production of a certified copy of this order before the authority concerned, after affording proper opportunity of hearing to the parties concerned, in accordance with law. Order Date :- 18.4.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad