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Neutral Citation No. - 2025:AHC:14372 Court No. - 50 Case :- WRIT - C No. - 1753 of 2025 Petitioner :- Aman Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Anurag Upadhyay Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J.
1. Heard Sri Anurag Upadhyay, learned counsel for the petitioner, Sri Ashok Kumar Sonkar, learned standing counsel for the state-respondents and Sri Rameshwar Prasad Shukla, learned counsel for the respondent-gaon sabha.
2. The instant writ petition has been filed, seeking a writ of mandamus, commanding respondent no.2/Additional Commissioner (Administration), Azamgarh Division, Azamgarh to decide Appeal No.890/2024 (Computerized Case No.C202415000000890) (Ramashish vs. Sub Divisional Magistrate, Ghosi, Mau), under Section 331(3) of the U.P. Z.A. & L.R. Act, 1950, within the stipulated time.
3. Counsel for the petitioner submitted that the appeal along with an application for condonation of delay, filed on behalf of respondent no.5 against the order passed in the proceeding under Section 176 of the U.P. Z.A. & L.R. Act, is pending before respondent no.2 since 6.6.2024 wherein petitioner is the opposite party. He also placed the copy of the order sheet which is annexed as Annexure No.2 to the writ petition.
4. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this petition is disposed of with the direction to respondent no.2 to decide the aforesaid appeal, considering the delay condonation matter, as expeditiously as possible, preferably within a period of 3 months, from the date of production of a certified copy of this order before the authority concerned, after affording proper opportunity of hearing to the parties concerned, in accordance with law. Order Date :- 31.1.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad