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2025 DAILYLAW 97491 (ALL)

OM PRAKASH PANDEY v. STATE OF U.P. AND 5 OTHERS

WRIC/32637/2025 · 2025-09-23

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32637 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. The present writ petition has been filed praying for a writ of mandamus commanding District Magistrate, Ballia and Superintendent of Police, Ballia to hold an inquiry and decide the case of the petitioner on merits in pursuance of his representation dated 02.09.2025. 2. The case of the petitioner is that he filed a case under Section 229-B of U.P. Z.A. & L.R. Act, 1950 against respondent no. 6 and the said suit was decreed on 14.08.2024 in favour of the petitioner. However, the appellate authority has passed an ex-parte stay order dated 24.01.2025 in favour of respondent no. 6, keeping in abeyance the judgement and decree passed in the suit. The police authorities are not permitting the petitioner to harvest the crop standing on the disputed land. The petitioner is stated to have filed representation in this regard before the District Magistrate and the Superintendent of Police and in that context, he wants an inquiry to be held by them. 3. As the matter is pending before the appellate authority in appeal and there exists a stay order in favour of respondent no. 6 therefore, we find no good ground to direct the administrative Versus Counsel for Petitioner(s) : Rajendra Prasad Giri Counsel for Respondent(s) : C.S.C. Om Prakash Pandey .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) authorities to take any decision on the subject. The petitioner can always seek appropriate directions from the appellate authority where the appeal is pending. 4. Accordingly, with the aforesaid liberty reserved in favour of the petitioner, the writ petition stands disposed of. September 24, 2025 A. Mandhani WRIC No. 32637 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad