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2025 DAILYLAW 80116 (ALL)

SINGARI DEVI v. STATE OF U.P. AND 7 OTHERS

WRIC/25347/2025 · 2025-07-31

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128985 Court No. - 34 Case :- WRIT - C No. - 25347 of 2025 Petitioner :- Singari Devi Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Santosh Kr. Singh Paliwal Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Rohit Ranjan Agarwal,J. Heard learned counsel for the petitioner and learned Standing Counsel for the State as well as Sri R.R. Srivastava, learned counsel for respondent no.4. This writ petition has been filed with the following prayers:- "(i) Issue a writ, order or direction in the nature of Certiorari quashing the order dated 02.05.2025 (Annexure No.-13) passed by the Respondent No. 2/ Additional Commissioner (Judicial)-II, Gorakhpur Division, Gorakhpur by which the stay application filed by petitioner has been rejected. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to maintain status quo during pendency of the appeal No. 1428/2024, Singari Devi Vs Sharda Devi and others, under section 207 of Revenue Code-2006." It is contended by learned counsel for the petitioner that a partition suit filed by respondent no.4 was decreed, against which, petitioner has filed an appeal. During pendency of the said appeal, a time-bound stay was granted which was not extended after the records were summoned. Petitioner is aggrieved by the said order. It is an admitted case to both the parties that the records have already been summoned, and the appeal is pending consideration before appellate authority. In view of said fact, 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 appellate authority to decide Appeal No.1428 of 2024 filed under Section 207 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 :- 1.8.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad