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2025 DAILYLAW 74382 (ALL)

ABDUL AZIM v. STATE OF U.P. AND 2 OTHERS

WRIC/23168/2025 · 2025-07-27

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:124618 Court No. - 32 Case :- WRIT - C No. - 23168 of 2025 Petitioner :- Abdul Azim Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajiv Ratan,Sameer Srivastava Counsel for Respondent :- C.S.C.,Sunil Kumar Srivastava Hon'ble Chandra Dhari Singh,J. 1. The instant writ petition has been filed seeking for the following reliefs:- "a) Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 21.03.2025 passed by the Commissioner, Basti, in Appeal No. 260 of 2025 (Abdul Siddiqui vs Appointed Authority/ SDM, Naugarh, District Siddharthnagar & others). b) Issue a writ, order or direction in the nature of Mandamus directing the respondents to maintain statusquo regarding the management committee till final adjudication." 2. Learned counsel appearing on behalf of petitioner after arguing at some length, without entering into merits of the case, made innocuous prayer that the appeal of the petitioner pending before the respondent no.2 may be directed to decide expeditiously within time bound manner. 3. Per contra, Sri Arif Khan Effendi and Sri Mohd. Tabrez Iqbal, learned Advocates appearing on behalf of respondent no. 3 have taken a preliminary objection that the instant writ petition is filed against an interlocutory order and, therefore, the writ court may not interfere in the order impugned herein, which is interlocutory in nature, but they have no objection on the innocuous prayer as made by learned counsel appearing on behalf of the petitioner. 4. Heard learned counsel appearing on behalf of the petitioner, learned counsel for respondent no. 3 and also perused the averments made in the writ petition as well as the impugned order passed by the respondent no.3. 5. Since, the matter has not been pressed on merit and only made an innocuous prayer that the appeal of the petitioner may be decided and no objection made by learned counsel appearing on behalf of respondent no.3 on the prayer made by the learned counsel appearing on behalf of the petitioner, without entering into merits of the case, I am inclined to allow the innocuous prayer made by the learned counsel for the petitioner. The respondent no.2, the Commissioner, Basti Mandal, Basti, Uttar Pradesh is directed to decide the said Appeal No.260 of 2025 filed by the petitioner, in accordance with law, without giving unnecessary adjournments to either of the parties, expeditiously, preferably within a period of three months from the date of receiving the certified copy of this order. 6. With the aforesaid directions/observations, the present writ petition is disposed of. Order Date :- 28.7.2025 Radhika (Chandra Dhari Singh, J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad