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2025 DAILYLAW 50300 (ALL)

RAJESH KUMAR SINGH v. STATE OF U.P. AND 6 OTHERS

WRIC/13139/2025 · 2025-04-29

Manish Kumar Nigam

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:67096 Court No. - 35 Case :- WRIT - C No. - 13139 of 2025 Petitioner :- Rajesh Kumar Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Manoj Kumar Singh 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: "i) Issue a writ order or direction in the nature of mandamus directing the concern respondent no-3 to decide the stay application alongwith Revision No T202514290403224 of 2025 Rajesh Singh Versus Harikrishna and others under section 27 of U.P. Revenue Code as well as nor demolish the boundary wall of the petitioner situated in the village Barahpar, Nasratpur Pargana Bahariya Tehsil Saidpur, District Ghazipur in pursuance of the order dated 24.3.2025 passed by the respondent no-4 during pendency of stay application alongwith revision," 3. Contention of learned counsel for the petitioner is that against an order dated 24.03.2025 passed under Section 25 of the U.P. Revenue Code, 2006 for removal of obstructions made by the petitioner, a revision has been filed on 29.03.2025 under Section 27 of the U.P. Revenue Code, 2006 by the petitioner along with the stay application. The stay application filed by the petitioner is pending and the same is not being decided. He further submitted that respondents are pressing hard for execution of order passed under Section 25 of the U.P. Revenue Code, 2006. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending and a direction be issued to respondent No. 3 to consider and decide the stay application in a time frame as may be fixed by this Court. 5. In view of the same, the present petition stands disposed of finally with a direction to respondent No.3 - Sub Divisional Officer, Tehsil- Saidpur, District- Ghazipur to consider and decide the stay 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. 6. Till disposal of the stay application, parties are directed to maintain status quo. 7. It is made clear that petitioner will not seek any undue adjournment in the matter to keep the proceedings pending and in case, the petitioner seeks unnecessary adjournment, the interim order granted by this Court shall stand automatically vacated. Order Date :- 30.4.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad