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2025 DAILYLAW 98706 (ALL)

ARYA SAMAJ GORAKHPUR AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

A227/11382/2025 · 2025-09-18

Manish Kumar Nigam

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11382 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the petitioners and perused the record. 2. The present petition has been filed for the following relief: "I.Issue a suitable order or direction, the learned Presiding Judge, Small Causes Court, Gorakhpur (Civil Judge Senior Division, Gorakhpur) District Gorakhpur to decided the New Suit No.98 of 2025 (Old Case No. 598 of 2014 and 214 of 2019) (Arya Samaj and Another Vs. State of UP and others) before the court of learned Small Causes Court, District Gorakhpur for declaration of bylaws amendment dated 03.06.2003 and order dated 26.9.2009 passed by defendant/respondent no. 2 null and void, within the period stipulated by this Hon'ble Court." 3. Contention of learned counsel for the petitioners is that New Suit No.98 of 2025 (Old Case No. 598 of 2014 and 214 of 2019) is pending consideration and he prayed that the same may be decided expeditiously. 4. From perusal of the order sheet, annexed as Annexure No. 3 to the petition, it appears that several dates have been fixed by the Court concerned, however, till date, the aforesaid suit has not Versus Counsel for Petitioner(s) : Manoj Kumar Dwivedi Counsel for Respondent(s) : C.S.C. Arya Samaj Gorakhpur And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) been decided. 5. No useful purpose would be served in keeping this petition pending. 6. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to Presiding Judge, Small Causes Court, Gorakhpur (Civil Judge Senior Division, Gorakhpur) District Gorakhpur, to decide the aforesaid suit, in accordance with law, expeditiously, preferably, within a period of eighteen months from the date of production of a certified copy of this order, after hearing all the concerned parties and giving a reasonable opportunity of leading evidence in respect of their case provided there is no other legal impediment. September 19, 2025 Nitika Sri. A227 No. 11382 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad