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2025 DAILYLAW 53222 (ALL)

KAMAL SEN SINGH v. STATE OF U.P. AND 3 OTHERS

WRIC/13834/2025 · 2025-05-18

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84239 Court No. - 35 Case :- WRIT - C No. - 13834 of 2025 Petitioner :- Kamal Sen Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amar Nath Pandey Counsel for Respondent :- Bhupendra Kumar Tripathi,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 seeking following relief :- "issue a writ order or direction in the nature of mandamus direct the respondents No.3 and 4 to not dispossess the petitioner over the Plot No. 1107/04 Hectare situated in village Kachhawan, Pargana and Tehsil Kerakat, District Jaunpur in pursuance to the order dated 25-11-2024 passed by respondent No.3 during the pendency of the appeal No. 5049/24 (Kamal of Sen vs. State of U.P.) pending before respondent No.2. ii- Issue a writ, order or direction in the nature of mandamus directing respondent No.2 to conclude the appeal within time bound period or passed if interim order and till the decision of the appeal the petitioner not dispossess over the Plot in question." 3. Contention of learned counsel for the petitioners is that against the order dated 25.11.2024, petitioner has filed an appeal being Appeal No.5049 of 2024 (Kamal Sen Vs. State of U.P.) which is pending consideration before respondent No.2. Despite pendency of the appeal, respondents are going to execute the order dated 25.11.2024 passed by the Tehsildar. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this writ petition pending and a direction may be issued to respondent No.2 to decide the aforesaid appeal. 5. Accordingly, this writ petition stands disposed of with a direction to respondent No.2 to consider and decide the above-mentioned appeal, in accordance with law, expeditiously, preferably within three months from the date of production of a certified copy of this order after ensuring service of notice upon all the respondents and after providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. 6. Till disposal of the appeal, parties are directed to maintain status quo. It is further provided that petitioner will not seek any undue adjournment and in case, petitioner sought undue adjournment, the interim order granted by this Court shall automatically vacated. Order Date :- 19.5.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad