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2025 DAILYLAW 83910 (ALL)

ISRAR KHAN v. THE STATE OF U.P. AND 3 OTHERS

WRIC/26398/2025 · 2025-08-06

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133394 Court No. - 34 Case :- WRIT - C No. - 26398 of 2025 Petitioner :- Israr Khan Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Atma Prakash Tripathi,Chandra Prakash Garg Counsel for Respondent :- 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 to direct the respondent no. 3 to decide the application dated 28.05.2025 under Section 24 of revenue court 2006 for boundary mark in compliance of the order dated 31.12.2024 passed by respondent no. 3 in case no. 00732 of 2024, Israr Khan & others Versus Iqbal Khan and others, this is pending before him, in the ends of justice so that justice may be done. ii) Issue a writ, order of direction in the nature of mandamus commanding and directing the respondent no. 2 to decide the petitioner's application dated 28.05.2025 which is still pending before him." It is contended that proceedings under Section 24 of the U.P. Revenue Code, 2006 have culminated but till date the boundary mark has not been fixed. An application has been moved on 28.5.2025 before respondent no.3 which is pending consideration. 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 respondent no.3- Sub Divisional Officer, Baberu, Banda to decide the application dated 28.05.2025, in accordance with law, after hearing all affected parties, preferably within a period of one month 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 :- 7.8.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad