MUKESH KUMAR AND ANOTHR v. STATE OF U.P. AND 5 OTHERS
WRIC/26681/2025 · 2025-08-07
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 82013 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 82013 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:134780 Court No. - 34 Case :- WRIT - C No. - 26681 of 2025 Petitioner :- Mukesh Kumar And Anothr Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Parvesh Kumar Pandey,Sarvesh Kumar Pandey Counsel for Respondent :- Arun Kumar Pandey,C.S.C. Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayers:
"(i) Issue a writ, order, or direction in the nature of Mandamus commanding the Respondent No.3- Sub-Divisional Magistrate, Amroha, to consider and decide the stay application dated 28.05.2025, pending in Case No. 77 of 2005 (State vs. Pooran), under Section 33/39 of the U.P. Land Revenue Act, pertaining to Gata No. 230, admeasuring 0.251 hectare, situated in Gram Sabha Gaffarpur, Tehsil and District Amroha, strictly in accordance with law, after affording an adequate opportunity of hearing to the petitioners. (ii) Issue a writ, order, or direction in the nature of Prohibition, restraining the respondents, their agents, employees, or any person acting on their behalf, from interfering with the peaceful possession and cultivation of the petitioners over Gata No. 230, admeasuring 0.251 hectare, situated in Gram Sabha Gaffarpur, Tehsil and District Amroha, till the final disposal of the stay application dated 28.05.2025, pending in Case No. 77 of 2005 (State vs. Pooran), under Section 33/39 of the U.P. Land Revenue Act." It is contended that stay application is pending in proceedings under Section 33/39 of U.P. Land Revenue Act. Learned counsel for the petitioners submits that the said stay application may be decided expeditiously. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit, with a direction upon respondent no.3- Sub-Divisional Magistrate, Amroha to decide the stay application dated 28.05.2025 pending in proceedings under Section 33/39 of U.P. Land Revenue Act, in accordance with law, after hearing all affected parties, preferably within a period of two weeks 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 :- 8.8.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad