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Neutral Citation No. - 2025:AHC:93529 Court No. - 35 Case :- WRIT - C No. - 18061 of 2025 Petitioner :- Ansar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Babu Lal Ram,Jyoti Bhushan Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed for following reliefs:-
"I. Issue a writ, order or direction in the nature of Mandamus directing the respondent No.3 to decide the Stay Application dated 19.04.2025 filed by the applicant under Section 146 U.P. Revenue Code 2006 in case No. 8604 of 2025, Computerized Case No. T202505470108604 of 2025( Ansar Vs. Navi Sarvar and another) under Section 144 of U.P. Revenue Code 2006 expeditiously as soon as possible within short stipulated period which is pending in the court of Additional Sub Divisional Magistrate Sadar, District Maharajganj.
"II. Issue a writ, order or direction in the nature of Mandamus directing the respondents not to raise construction over the Gata No. 434, ख, area 0.10 decimal, Gata No. 646 area 1.22, disc Gata No.848 area 1.26 decimal situated in Village Ganeshpur, Tappa Katehra, Pargana Haweli, Tehsil Sadar, District Maharajganj till the pendency of case No. 8604 of 2025, Computerized Case No. T202505470108604 of 2025 (Ansar Vs. Navi Sarvar and another) under Section 144 of U.P. Revenue Code 2006."
3. Contention of learned counsel for the petitioner is that stay application filed in a case under Section 146 of the U.P. Revenue Code, 2006 is pending since 19.04.2025 and he prayed that same may be decided expeditiously.
4. No useful purpose would be served in keeping this petition pending.
5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present
petition stands disposed of finally with a direction to respondent No. 3-Additional Sub Divisional Magistrate Sadar, District Maharajganj to consider and decide the stay application, in accordance with law, expeditiously, preferably within a period of eight weeks 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.
Order Date :- 30.5.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad