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2026 DAILYLAW 3120 (ALL)

MOHAMMAD AYUB KHAN v. STATE OF U.P. AND 11 OTHERS

WRIC/17428/2026 · 2026-05-04

Manish Kumar Nigam

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 17428 of 2026 Court No. - 36 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record. 2. The instant writ petition has been filed for the following relief: "Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to decide the stay application filed by petitioner in appeal no. 20261509020215 (Mohd. Ayub Khan Vs Riyajuddin Khan and others) pending before the respondent no.2 i.e.-Sub- Divisional Magistrate, Sikandarpur Ballia within some stipulated period and be further pleased to direct the parties to maintain status quo over the land in dispute till the decision of stay application filed by petitioner." 3. Learned counsel for the petitioner states that the aforesaid stay application in appeal is pending consideration. It is further contended that several dates have been fixed but the same has not been decided yet. He prayed that the same may be decided, expeditiously. 4. No useful purpose would be served in keeping this petition pending. Versus Counsel for Petitioner(s) : Rishabh Kumar Pandey, Santosh Kumar Upadhyay Counsel for Respondent(s) : C.S.C. Mohammad Ayub Khan .....Petitioner(s) State Of U.P. And 11 Others .....Respondent(s) 5. 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 respondent No. 2 to consider and decide the aforementioned stay application, in accordance with law, expeditiously, preferably within a period of six weeks from the date of production of a certified copy of this order after ensuring service upon all the opposite parties and giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. May 5, 2026 Ved Prakash WRIC No. 17428 of 2026 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad