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2025 DAILYLAW 45615 (ALL)

MAHADEV MANDIR SHRIPUR MATHIA, THROUGH ITS MANOJ KUMAR BHARTI v. STATE OF UP AND 3 OTHERS

WRIC/12626/2025 · 2025-04-24

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63655 Court No. - 35 Case :- WRIT - C No. - 12626 of 2025 Petitioner :- Mahadev Mandir Shripur Mathia, Through Its Manoj Kumar Bharti Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Shesh Nath Singh Yadav,Tej Bahadur Singh Yadav Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for following relief:- "1. a writ, order or direction to the Learned Court of Nayab Tehasildar Tehasil and district-Ballia, District-Ballia to decide the Case No. T- 202115090303610/180 under section 209 (J) of UP Revenue Code-2006, (Shiva nanad and other v/s Hridyanand and others) Mauja- Paraspur, Pargana and Tehsil and District-Ballia pending before it and may decide same within a prescribed period under section 209 (J) of UP Revenue Code-2006 short and stipulated time to be fixed by this Hon'ble Court. a writ, order or direction the Respondents to not interfere in the the peaceful Possession of the Petitioner during the pendency of the petition before Learned the Court of Nayab Tehasildar Tehasil-Ballia, District- Ballia." 3. Contention of learned counsel for the petitioner is that aforementioned case under Section 209(J) of the U.P. Revenue Code, 2006 is pending since 2021. He prayed that same may be decided expeditiously. 4. 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 - Nayab Tehasildar, Tehsil- Ballia, District- Ballia to consider and decide the 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 giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment. Order Date :- 25.4.2025 Nitika Sri. (Manish Kumar Nigam, J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad