Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:118866 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7484 of 2025 Petitioner :- Radhey Shyam Dubey Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Nagendra Kumar Tripathi 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. The instant writ petition has been filed for following relief:
"1. issue an order or direction directing the learned Additional Chief Judicial Magistrate, Bansgaon, District Gorakhpur to decide the Suit No. 272 of 2004 (Radhey Shyam Dubey Vs. Rajendra Yadav) which is pending before him within a short
stipulated
period.
2. issue any other direction in the nature which this Hon'ble court may deem fit and proper
under
the
circumstance
of
the
case.
3. Award cost of the petition in favour of the petitioner."
3. Contention of the learned counsel for the petitioner is that the aforementioned suit is pending since 2004 for adjudication. He prayed that the same may be decided expeditiously.
4. No useful purpose would be served in keeping this petition pending.
5. The present petition stands disposed of finally with a direction to the Additional Chief Judicial Magistrate, Bansgaon, District Gorakhpur to consider and decide the aforementioned suit of the petitioner, in accordance with law, expeditiously, preferably within a period of one year from the date of production of a certified copy of this order after ensuring service upon all the respondents, after giving opportunity of hearing to the parties concerned and after giving a reasonable opportunity of leading evidence in respect of their case provided that there is no other legal impediment. Order Date :- 22.7.2025 Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad