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Neutral Citation No. - 2025:AHC:135704 Court No. - 33 Case :- WRIT - C No. - 23314 of 2025 Petitioner :- Shri Gopi Chand Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Narayan Dutt Shukla,Rituvendra Singh Nagvanshi,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. The petitioner has preferred the present petition with the following prayers :-
"i. issue a writ, order or direction in the nature of Certiorari call for record and quash the entire proceeding pursuant to restoration application dated 04.06.2024/04.06.2025 including order dated 30.06.2025 passed by Additional District Magistrate (Judicial), Kushinagar. ii. issue a writ, order or direction in the nature of mandamus directing the Commissioner, Gorakhpur Division, Gorakhpur to decide the stay application in appeal No. C202505000001706 of 2025 Gopi Chand Vs. Additional District Magistrate (Judicial), Kushinagar and anr. and appeal itself and further interdict the respondents from interfering into peaceful possession of the petitioner over property in dispute i.e. old plot No. 709m/6.24 New No. 736m/6.24 situated in village Kurmaul @Sohanpur, Teppa Basi Chirgora, Pargana Sidhua Jobna, Tehsil Padrauna, District Kushinagar."
2. After some arguments, Sri R.C. Singh, learned Senior Counsel assisted by Sri Narayan Dutt Shukla, learned counsel and Sri Rituvendra Singh Nagvanshi learned counsel for the petitioner confined his prayer only to the prayer No.2, i.e., to direct the Commissioner, Gorakhpur Division, Gorakhpur to decide the stay application filed in appeal No. C202505000001706 of 2025 (Gopi Chand Vs. Additional District Magistrate (Judicial), Kushinagar and anr.)
3. Learned Standing Counsel argued that the respondent No.2 will decide the stay application expeditiously.
4. Heard learned counsel for the parties and perused the record.
5. In the facts and circumstances of the case, the present petition is disposed of
directing the respondent No.2/ Commissioner, Gorakhpur Division, Gorakhpur to decide the stay application on the next date fixed in the matter. In case, on the said date, the application could not be decided, the respondent No.2 is directed to decide the aforesaid application within two weeks thereafter, if there is no legal impediment. Order Date :- 11.8.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad