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2025 DAILYLAW 51789 (ALL)

PRAMOD KUMAR v. NAGAR PANCHAYAT BAJNA TEHSIL MAANT AND ANOTHER

A227/4459/2025 · 2025-05-01

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:70014 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4459 of 2025 Petitioner :- Pramod Kumar Respondent :- Nagar Panchayat Bajna Tehsil Maant And Another Counsel for Petitioner :- Subedar Mishra Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayers:- "(A) Issue an order or direction in suitable nature directing the court below i.e. Civil Judge (J.D.). Mathura to decide the Suit No.836 of 2018 (Yuvraj Singh Versus Nagar Panchayat Bajna) expeditiously, preferably within a specific time as fixed by this Hon'ble Court, if, possible on the next date of hearing. (B) Issue an order or direction in suitable nature directing the court below i.e. Civil Judge (J.D.), Mathura to decide the 6-C application pending in Suit No.836 of 2018 (Yuvraj Singh Versus Nagar Panchayat Bajna) expeditiously, preferably within a specific time as fixed by this Hon'ble Court, if, possible on the next date of hearing." 2. The first prayer made in the writ petition cannot be granted in view of judgement of Constitution Bench of Hon'ble Apex Court rendered in case of High Court Bar Association, Allahabad vs. State of Uttar Pradesh and others (2024) 6 SCC 267 and Division Bench of this Court rendered in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB). 3. As far as second prayer made is concerned which is for a direction upon trial court to expeditiously decide 6-C application, the same is accepted. 4. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon court below to decide the 6-C application pending in Suit No. 836 of 2018, in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order. 5. With the aforesaid directions, writ petition stands disposed of. 6. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 2.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad