ISLAM v. THE ADDITIONAL COMMISSIONER AGRA DEVISION AGRA AND 8 OTHERS
WRIC/621/2025 · 2025-01-09
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6146 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6146 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:5263 Court No. - 34 Case :- WRIT - C No. - 621 of 2025 Petitioner :- Islam Respondent :- The Additional Commissioner Agra Devision Agra And 8 Others Counsel for Petitioner :- Ramendra Asthana Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Case called out in the revised list.
2. None appears on behalf of the petitioner to press this petition.
3. This petition has been filed for the following relief:
"(a) Call for record of the case and issue a writ, order or direction in the nature of certiorari quashing the order dated 11.12.2024 passed by the learned Commissioner Agra Division, Agra (Contained in Annexure- III) rejecting application of stay in Appeal No.2744, Islam Vs. Chhote Khan filed under Section 134 of U.P. Revenue Code. (b) issue a writ, order or direction in the nature of mandamus commanding the respondents and their Subordinate etc. to maintain status quo on spot as on today."
4. From perusal of the record it appears that against the final decree passed in proceedings under Section 134 of the U.P. Revenue Code, 2006, an appeal has been filed by the petitioner which has been admitted by the Appellate Court by the order dated 11.12.2024 but the application for interim relief has been rejected.
5. In view of the judgment of the Apex Court in Mool Chand Yadav Vs. Raza Buland Sugar Company Limited reported in 1982 (3) SCC page No. 484 and in view of judgment in case of Maheshwar Pratap Shahi Vs. State of U.P. and 5 Others in Writ B No. 412 of 2020 dated 13.02.2020, the lower appellate court has erred in law in rejecting the stay application.
6. No useful purpose would be served in keeping this petition pending.
7. The appellate court i.e. Commissioner, Agra Division, Agra is
directed to consider and decide the appeal in accordance with law, expeditiously, preferably, within a period of six months from the date of production of a certified copy of this order, after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment.
8. Till the disposal of appeal, parties are directed to maintain status quo.
9. Accordingly, the writ petition is disposed of.
Order Date :- 10.1.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad