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2025 DAILYLAW 84533 (ALL)

AMARESH CHANDRA MISHRA v. STATE OF U.P. AND 8 OTHERS

WRIC/26802/2025 · 2025-08-10

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135641 Court No. - 34 Case :- WRIT - C No. - 26802 of 2025 Petitioner :- Amaresh Chandra Mishra Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Om Prakash Shukla Counsel for Respondent :- C.S.C.,Pradeep Singh Hon'ble Rohit Ranjan Agarwal,J. 1. 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 to decide the application dated 03.09.2024 (Annexure no. 7) filed by the petitioner under Order 9 Rule 13 of the C.P.C. readwith Section 151 C.P.C. within a time to be fixed by this Hon'ble Court. ii) Issue a writ order or direction in the nature of Mandamus commanding the respondent no. 3 to decide the Case No. RST/16167 of 2022 (Computerized Case No. T-202216530416167 of 2022) filed under Section 176 of the U.P.Z.A. and L.R. Act, within a time to be fixed by this Hon'ble Court." 2. It is contended by learned counsel for the petitioner that application filed under Order IX Rule 13 CPC in proceedings under Section 176 of U.P. Z.A. and L.R. Act is pending consideration before respondent no. 3 since 03.09.2024. Prayer has also been made for expeditious disposal of proceedings under Section 176 of U.P. Z.A. and L.R. Act itself. 3. 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 or issuing notice to private respondents, with a direction upon respondent no. 3 to decide the application under Order IX Rule 13 CPC dated 03.09.2024 pending in Case No. RST/16167 of 2022 (Computerized Case No. T-202216530416167 of 2022), 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 and, thereafter, decide the Case No. RST/16167 of 2022 (Computerized Case No. T-202216530416167 of 2022), under Section 176 of the U.P.Z.A. and L.R. Act, within next six months. 4. With the aforesaid directions, writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 11.8.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad