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2025 DAILYLAW 40414 (ALL)

AYODHYA PRASAD v. STATE OF UTTAR PRADESH AND 6 OTHERS

A227/3836/2025 · 2025-04-17

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57239 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3836 of 2025 Petitioner :- Ayodhya Prasad Respondent :- State Of Uttar Pradesh And 6 Others Counsel for Petitioner :- Ashish Kumar Srivastava,Prince Kumar Srivastava,Yakub Ali Ansari Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayers:- "(a) Issue a order or direction in nature of ad-interim commanding and directing the learned court to decide the Suit No.73 of 2024 (Ayodhya Prasad Vs. Ravindra Pratap Shahi @ Pappu Shahi 5 Others), under Section 37, 38 S.R. Act & Section 9 of C.P.C., which is pending before learned Civil Judge (Senior Division), Sant Kabir Nagar. (b) Issue a order or direction in the nature of ad-interim mandamus, commanding and directing the Application under Section 6C, dated 19.07.2024 рending before learned Civil Judge (Senior Division), Sant Kabir Nagar with in stipulated period as fixed by the Hon'ble Court." 2. The first prayer made in the writ petition cannot be granted in view of Constitution Bench of Hon'ble Supreme Court in High Court Bar Association, Allahabad vs. State of Uttar Pradesh and others (2024) 6 SCC 267. 3. As far as second prayer made in the writ petition is concerned, no useful purpose would be served in keeping the matter pending or calling for counter affidavit, or issuing notice to private respondents and the writ is being disposed of, at the admission stage, with a direction upon Civil Judge (Senior Division), District Sant Kabir Nagar to decide the 6-C application filed in Original Suit No.73 of 2024, in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order. 4. With the aforesaid directions, writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 18.4.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad