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2025 DAILYLAW 57432 (ALL)

MOHAMMAD SALEEM v. STATE OF U.P. AND ANOTHER

A227/4923/2025 · 2025-05-13

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79491 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4923 of 2025 Petitioner :- Mohammad Saleem Respondent :- State of U.P. and Another Counsel for Petitioner :- Ravi Anand Agarwal,Shreya Gupta Counsel for Respondent :- C.S.C.,Shyam Mani Shukla Hon'ble Rohit Ranjan Agarwal,J. Proceedings under Section 3, 4 and 5 of U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972 was initiated against the petitioner and an order was passed. Against the said order, an appeal No.1 of 2024 was preferred in which stay application was filed by the petitioner on 31.01.2024. Thereafter second application was moved on 11.02.2025 and third application was moved on 06.05.2025. All these applications have remained pending and the appeal has still not been decided. The sole prayer made is for expeditious disposal of the stay application filed in appeal. 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 request to District Judge, Bareilly to proceed with the stay application filed in Appeal No.1 of 2024 and take a final call within two weeks from today or the next date fixed in the matter and decide the same in accordance with law, after hearing all affected parties. Further the appeal itself shall be decided by the District Judge within next two months. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 14.5.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad