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Neutral Citation No. - 2025:AHC:83262 Court No. - 35 Case :- WRIT - C No. - 15845 of 2025 Petitioner :- Sheela Yadav Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Binod Kumar Yadav,Raj Nath Bhakta Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.
2. The instant writ petition has been filed for the following relief:
"I. Issue a writ order or direction in the nature of mandamus commanding the respondent No. 3 Tehsildar (Judicial) Phoolpur District Azamgarh to decide the Case No. 2071/2023 computerized case No. T202315060302071 Report Vs. Sudesh Kumar and Nidhesh Kumar Under Section 67 of U.P. Revenue code, 2006 within stipulated period. II. Issue a writ order or direction in the nature of mandamus commanding the to remove the illegal encroachment and occupation from the Gaon Sabha Public Utility land way arazi No. 86 area 0.0630 hectare.
3. A preliminary objection has been raised by the learned Standing Counsel that the petitioner is complainant and is not a party to the pending proccedings and therefore, the proceedings cannot be expedited at his behest.
4. In view of the same, I am not inclined to interfere in the mater.
5. However, since proceedings are pending, it is expected that the proceedings may be decided in accordance with law after providing opportunity of hearing to the parties concerned as well as opportunity to lead evidence in support of their case and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment.
6. Accordingly, the writ petition is disposed of. Order Date :- 19.5.2025 Priya (Manish Kumar Nigam,J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad