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Neutral Citation No. - 2025:AHC:108507 Court No. - 34 Case :- WRIT - C No. - 20283 of 2025 Petitioner :- Shiv Bhajan Maurya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Asim Kumar Singh,Krishna Kant Upadhyay Counsel for Respondent :- C.S.C.,Pradeep Singh Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer;
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the stay application dated 09.06.2025 pending in the Appeal No. 125 of 2025 (Shiv Bhajan Maurya Vs. Gaon Sabha-Farhada and others), pending before the respondent no.2, at expeditiously and till the disposal of the stay application parties be directed to maintain status quo regarding the property in dispute i.e. 40 vergmeter forming part of Arazi no. 148 total area whereof is 0.173 hectares, Village Farbada, Pargana- Bhagawat, Tehsil Chunar, District-Mirzapur."
2. It is contended that against the eviction order an appeal under Section 67 (5) of U.P. Revenue Code, 2006 is pending
consideration before the respondent No. 2. In the said appeal a stay application has also been filed, which is also pending
consideration. The sole prayer made in the writ petition is to expedite the aforesaid appeal alongwith 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 dated 09.06.2025 filed in Appeal No. 125 of 2025 (Shiv Bhajan Maurya Vs. Gaon Sabha-Farhada and others), in accordance with law, after hearing all affected parties, preferably within a period of two weeks from the date of production of certified copy of this order. The respondent no. 2 is further directed to decide the Appeal No. 125 of 2025, accordance with law, after hearing all the affected parties, preferably within a period of two months from the date of receipt 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 :- 9.7.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad