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2025 DAILYLAW 47850 (ALL)

YOGENDRA PANDEY v. STATE OF U.P. AND 3 OTHERS

WRIC/12463/2025 · 2025-04-23

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:62184 Court No. - 35 Case :- WRIT - C No. - 12463 of 2025 Petitioner :- Yogendra Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Munna Tiwari Counsel for Respondent :- C.S.C.,Sudhir Bharti 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 the following relief: "issue a writ, order or direction in the nature of Mandamus direct the respondent no.2 to decide the appeal u/s 67(5) U.P. Revenue Code, 2006 bearing appeal no.202405440001356 (Yogendra Pandey Vs. Gaon Sabha) and further be pleased to direct the respondent authority to not demolish the house of petitioner." 3. Contention of the learned counsel for the petitioner is that an ex-parte order dated 15.12.2023 has been passed under Section 67 of the U.P. Revenue Code against the petitioner. Against the said order, the petitioner preferred an appeal which is pending consideration. It has been further contended by learned counsel for the petitioner that during the pendency of the appeal, the respondents are threatening the petitioner to demolish the constructions of the petitioner. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending and it would be appropriate that respondent no. 2 be directed to decide the appeal itself. 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 to consider and decide the aforementioned appeal, in accordance with law, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order after ensuring service upon all the opposite parties and giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. 6. Till the disposal of the appeal, no demolition shall be carried out in pursuance of the order dated 15.12.2023. 7. It is made clear that the petitioner will cooperate in the early disposal of the appeal and will not take undue adjournment to linger on the proceedings and in case, the petitioner tries to linger on the proceedings by moving undue adjournment, the interim protection granted by this Court, shall automatically stand vacated. Order Date :- 24.4.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad