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2025 DAILYLAW 80294 (ALL)

NIHAL CHAND v. STATE OF U.P. AND 2 OTHERS

A227/8580/2025 · 2025-08-05

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132339 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8580 of 2025 Petitioner :- Nihal Chand Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sailesh Tripathi,Sharad Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed seeking following relief :- "Issue a petition, order or direction directing the learned court to decide the Suit No.297 of 2023 (Nihal Chand Vs. Prem Shankar & Another), under Section 201 Uttar Pradesh Land Revenue Act, 1901, which is pending before learned Civil Judge (Senior Division), Chandauli within stipulated period as fixed by the Hon'ble Court during pendency of Application 6C dated 11.07.2023 till then plaintiff-petitioner could not dispossess from the disputed-in-land. (b) Issue petition, order or direction the Defendant-Respondent No.2 6 3 not dispossess to the plaintiff- petitioner from the disputed-in-land situated at Arazi No. 44 Area 1.6250 Hectare, 52b Area 0.2840ch Hectare, 143 Area 0.2790 Hectare, 243ch Area 0.0800 Hectare, 15gh Area 0.1180 Hectare, total 5 Gata Area 2.3860 Hectare situated in Mauza Dubeypur Patti Majhili. H.No. 1B Area 0.0150 Hectare, H.No. 19 Area 0.1170 Hectare, H.No. 20 Area 0.1320 Hectare, H.No. 22B Area 0.0510 hectare, H.No. 26A Area Hectare, H.No. 115 Area 0.1970 Hectare, total 6 plots Area 0.6000 Hectare, Mauza Dubeypur Patti Majhili. S.No. 31/1, Area Majhili, Tehsil Chakia, District Chandauli. Issue a petition, order or direction directing the authority concern without measurement could not demolish the construction of the plaintiff-petitioner." 3. Learned counsel for the petitioner submitted that the above-mentioned application 6C dated 11.7.2023 is pending consideration since 2023 and the same has not been decided till date. Learned counsel prayed that the same may be decided, expeditiously. 4. Since the above-mentioned application is pending, no useful purpose would be served in keeping this petition pending. 5. In view of the above, this writ petition stands disposed of with a direction to the Civil Judge (Senior Division), Chandauli to decide the above-mentioned application, in accordance with law, expeditiously, preferably within twelve weeks from the date of production of a certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. Order Date :- 6.8.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad