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Neutral Citation No. - 2025:AHC:114791 Court No. - 34 Case :- WRIT - C No. - 22465 of 2025 Petitioner :- Ram Ashrey Yadav Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Girish Pratap Singh,Manish Nath Tripathi Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:-
"i. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 14.10.2022 passed by Respondent no. 4/ Tahsildar (Judicial), Tahsil Sadar, District Deoria in case no. 1653/2022 (Vikrant vs. Gyanendra Yadav) and order dated 26.06.2023 passed by Respondent no. 3/ Sub-Divisional Magistrate, Tahsil Sadar, District Deoria in appeal no. 6984/2023 (Ram Ashrey vs. Vikrant and others) Under Section 35(2), U.P. Revenue Code, 2006 and order dated 25.08.2023 passed by Respondent no. 2/Commissioner, Gorakhpur Mandal, Gorakhpur in revision no. 1160/2023." It is contended that an appeal under Section 35 (2) of the U.P. Revenue Code, 2006 has been filed which is pending consideration in which an interim order has been passed which is under challenge in the present writ petition.
Learned counsel for the petitioner submits that he is not pressing the prayer made in the writ petition and is only confining to his prayer for a direction to the appellate Court to conclude the appeal as expeditiously as possible. 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 authority concerned to decide the appeal filed under Section 35(2) of U.P. Revenue Code 2006, in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order. 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 :- 16.7.2025 // SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad