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2025 DAILYLAW 8544 (ALL)

KAILASH AND ANOTHER v. STATE OF U.P. AND 5 OTHERS

WRIC/2398/2025 · 2025-01-24

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14061 Court No. - 50 Case :- WRIT - C No. - 2398 of 2025 Petitioner :- Kailash And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Om Prakash Pandey Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Om Prakash Pandey, learned counsel for the petitioners, Sri Anjani Kumar Chaurasiya, learned Standing Counsel for the State and Sri Sudhir Bharti, learned Standing Counsel for the Gaon Sabha. 2. The instant petition has been filed for following relief:- "(i) Issue a writ order or direction in the nature of mandamus commanding and directing the opposite party no. 2 Additional Commissioner, (Administration) Gorakhpur Division Gorakhpur to decide the Appeal No./Case No. 1185/2024 Computerized Case No. C- 20240500000185 (Smt. Sanyogita Devi and another Vs. Kailash and others) dated 6.7.2024 (Annexure No. 2 to the writ petition) pending before him expeditiously if possible within a period of 2 months. ii) Issue any other further writ order of direction as this Hon'ble Court may deem fit and proper in view of the facts and circumstances of the case. iii) Award cost of the writ petition to the Petitioners." 3. Learned counsel for the petitioner submitted that appeal filed on behalf the contesting respondent arising out of proceeding for partition is pending before respondent no. 2-The Additional Commissioner, (Administration) Gorakhpur Division Gorakhpur since 2020. He further placed a certified copy of the order- sheet of the pending proceeding, which is annexed as annexure no. 3 to the instant writ petition in order to demonstrate that the matter is not proceeding expeditiously. He further submitted that petitioners are opposite parties in the aforementioned revision. 4. Considering the facts and circumstances of the case, the instant petition is finally disposed of directing to respondent no. 2-The Additional Commissioner, (Administration) Gorakhpur Division, Gorakhpur to decide the aforementioned appeal, after affording proper opportunity of hearing to both the parties expeditiously, preferably within a period of three months from the date of production of a certified copy of the order of this Court. Order Date :- 24.1.2025 Neetu Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad