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2025 DAILYLAW 60786 (ALL)

ALI AHMAD AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIC/17419/2025 · 2025-07-02

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103597 Court No. - 34 Case :- WRIT - C No. - 17419 of 2025 Petitioner :- Ali Ahmad And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajat Kumar Shukla,Vijay Kumar Kushwaha Counsel for Respondent :- G.A. Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer: "Issue a writ, order or direction in the nature of mandamus commanding respondent No.2 to decide the stay application filed by petitioner in Appeal No. NIL of 2025, as well as appeal No. NIL 2025 filed by the petitioners Under Section 38(4) of U.P. Revenue Code, 2004 against the order dated 20.02.2025 passed by respondent No. 3 in Case No. 1462 of 2025, its computerize No.T202503390301462 (Gaon Sabha Vs. Sujan Ali) under Section 38(2) of U.P. revenue code 2004 on the basis of report submitted by Tehsildar Tirva on 23.01.2025 within a stipulated period as fixed by this Hon'ble court and further direct the respondents not to interfere peaceful possession of the petitioner over the land in dispute till the decision of appeal pending before respondent no.2." 2. It is contended that against the order passed under Section 38 (1) of U.P. Revenue Code, 2006 an appeal has been preferred by the petitioners under Section 38 (4) of U.P. Revenue Code, 2006, in which a stay application has been moved, which is pending consideration. The sole prayer made in the writ petition is for expeditious disposal of the said stay application. 3. As no useful purpose would be served in keeping the matter pending or issuing notice to the private respondents, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit, with a direction upon respondent No.2 to decide the stay application filed by petitioners in Appeal No. NIL of 2025, under Section 38(4) of U.P. Revenue Code, 2006, in accordance with law, after hearing all affected parties, preferably within a period of three weeks from the date of production of certified copy of this order. 4. With the aforesaid direction, present writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 3.7.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad