Neutral Citation No. - 2025:AHC:75696 Court No. - 34 Case :- WRIT - C No. - 12384 of 2025 Petitioner :- Rajendra Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Niraj Tiwari,Rakesh Maurya Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Shri Neeraj Tiwari, learned Counsel for the petitioner and Shri Dhananjay Singh, learned Standing Counsel for the State Respondents. 2. By means of the present writ petition, the petitioner has prayed for a writ in the nature of mandamus commanding the respondent No.2- Additional Commissioner (Administration), Kanpur Division, Kanpur to decide the stay application filed by the petitioner in Appeal No. 1000 of 2023 (Rajendra Singh versus Ram Naresh Singh and another) under Section 38(4) of the U.P. Revenue Code, 2006 against the order dated 30.12.2022 passed by the Additional District Magistrate (F/R), Kannauj in Case No. 02944 of 2018 (Ram Naresh versus Rajendra Singh) under Section 38(2) of the U.P. Revenue Code, 2006 on the next date or within the stipulated time as fixed by this Court. 3. As per the record as is available before this Court, the aforesaid appeal under Section 38(4) of the U.P. Revenue Code, 2006 was registered vide order dated 29.04.2023. The learned Appellate Court also summoned the record and issued notices to the opposite parties on the same date i.e. 29.04.2023. 4. Learned Counsel appearing on behalf of the petitioner has fairly stated that the appeal was filed with some delay and as such the petitioner has preferred an application under Section 5 of the Limitation Act seeking condonation of delay in filing of the said appeal. The said application for condonation of delay is also pending for consideration before the Appellate Court. Further, the copy of the order-sheet of the said appeal as is annexed with the writ petition shows that the matter was lastly fixed for 21.04.2025. 5. Learned Standing Counsel appearing on behalf of the State-respondents submits that since the aforesaid appeal under Section 38(4) of the Act was filed with delay of more than 30 days, as such the application for condonation of delay is to be considered first by the Appellate Court before proceeding further. 6. Taking into consideration the aforesaid facts and circumstances of the case, this Court is of the view that no useful purpose would be served to keep the writ petition pending. 7. Accordingly, the present writ petition is disposed of with a direction to the learned Additional Commissioner (Administration), Kanpur Division, Kanpur (Respondent No.2) before whom the aforementioned appeal under Section 38(4) of the U.P. Revenue Code, 2006 is pending for disposal, to decide the said Appeal No. 1000/2023 (Computerized Case No. C202303000001000), strictly in accordance with law, by a reasoned order after affording due opportunity of hearing to the parties concerned, expeditiously and preferably within a period of three months from the date of receipt of a certified copy of this order, unless there is any legal impediment. It is further directed that no unnecessary adjournments be granted to either of the parties and the adjournment, if prayed for, the same shall be granted only in exceptional circumstances. Order Date :- 7.5.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad