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2025 DAILYLAW 40469 (ALL)

MOHIT KUMAR v. STATE OF U.P. AND 6 OTHERS

WRIC/11097/2025 · 2025-04-15

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55701 Court No. - 35 Case :- WRIT - C No. - 11097 of 2025 Petitioner :- Mohit Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Abhitab Kumar Tiwari Counsel for Respondent :- C.S.C.,Sunil Kumar Singh 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 following relief: "i. Issue a writ order or direction in the nature of Mandamus commanding and directing to the respondent no. 2 (Sub-Divisional Officer (Tehsil Level), Judicial, Sardhana, Meerut) to decide the application under Order 39 Rule 1 of C.P.C. (Stay Application) in Restoration Application moved by petitioner in Appeal no. 9008 of 2024 (Computerized Case no. T202411520409008) (Dhrambir Singh versus Amit Kumar and others), including restoration application itself, expeditiously within short period so fix by this Hon'ble court, pending before him, expeditiously within short period so fix by this Hon'ble court, on the day to day basis trial. ii. Issue a writ order or direction in the nature of Mandamus commanding and restraining to the respondents form interfering in peaceful possession of petitioner over land in disputes and alienating land and creating any third party right in land in dispute i.e. Khata No. 00046 plot no. 424 area 0.7950 Hectare and plot no. 11 क area 0.0130 Hectare situated in Village- Jamalpur Jalalpur, Pargana- Daurala Tehsil- Sardhana District- Meerut, during the pendency of his restoration before court below." 3. Contention of the learned counsel for the petitioners is that the aforementioned restoration application is pending before respondent no.2 for adjudication. He prayed that the same may be decided expeditiously. 4. No useful purpose would be served in keeping this petition pending. 5. The present petition stands disposed of finally with a direction to the respondent No. 2 to consider and decide the aforementioned restoration application, in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after ensuring service upon all the respondents and after giving opportunity of hearing to the parties concerned provided that there is no other legal impediment. Order Date :- 16.4.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad