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2025 DAILYLAW 91263 (ALL)

LAKSHMAN v. STATE OF U.P. AND 7 OTHERS

WRIC/30785/2025 · 2025-09-03

Rohit Ranjan Agarwal

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30785 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This writ petition has been filed with the following prayers:- "(a) Issue a writ, order or direction in the nature of certiorari setting aside the order dated 10/06/2025, passed by Additional Commissioner Gorakhpur, the respondent no. 2, to the extent that as it rejects the stay application filed in the Appeal Case No. 550/2025, Computerized Case No. C202505000000550 u/s 207 U.P. Revenue Code, 2006. (b) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2, the Additional Commissioner Gorakhpur, for expeditious disposal of the Appeal Case No. 550/2025, Computerized Case No. C202505000000550 u/s 207 U.P. Revenue Code, 2006; and further be please to direct the parties to mention status quo in the respect of the disputed property Arazi No.1844 area 0.332 hectare situate in Mauja- Bhingani, Tappa- Haveli, Pargana- Salempur Majhauli, Tehsil- Bhatpar Rani, District- Deoria, U.P., during the pendency of aforesaid Appeal before the respondent no. 2." 2. It is contended by learned counsel for the petitioner that during pendency of the partition suit filed under Section 116 of U.P. Revenue Code, 2006, an order was passed which was challenged in appeal filed under Section 207 of U.P. Revenue Code, 2006 by petitioner in which a stay application was moved which has been rejected. 3. After some argument, learned counsel for the petitioner submits that appeal may be decided. Versus Counsel for Petitioner(s) : Ashok Kumar Tripathi, Nisha Dixit Counsel for Respondent(s) : C.S.C., Sudhir Bharti Lakshman .....Petitioner(s) State Of U.P. And 7 Others .....Respondent(s) 4. Having heard learned counsel for the parties and perusing the material on record, this Court finds that no useful purpose would be served in keeping the matter pending or calling for counter affidavit or issuing notice to private respondents, the writ petition is being disposed of requiring the appellate authority to decide the Appeal No. 550/2025, Computerized Case No. C202505000000550, 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. 5. With the aforesaid directions, writ petition stands disposed of. 6. It is made clear that this Court has not adjudicated the matter on merits. 7. Sri Harikesh Kumar Tripathi, Advocate, has appeared for respondent no. 5. September 4, 2025 V.S.Singh WRIC No. 30785 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad