Vijay Singh And 2 Others vs State Of U.P. And 5 Others
2024 Latest Caselaw 38451 ALL

Allahabad High Court

Vijay Singh And 2 Others vs State Of U.P. And 5 Others on 21 November, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:181610
 
Court No. - 34
 
Case :- WRIT - C No. - 23493 of 2024
 

 
Petitioner :- Vijay Singh And 2 Others
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Shakeel Ahmad Azmi,Tahir Ali
 
Counsel for Respondent :- Azad Rai,C.S.C.,K.C. Mishra
 

 
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:

"(i) Issue a writ, order or direction in the nature of certiorari set aside /quashing the impugned order dated 27.05.2024 passed by the Learned Additional Commissioner first Mandal Prayagraj, District Kaushambi in Case No. 918 of 2024 (Vijay Singh and others Vs. Smt. Ketki Devi and others) and impugned order dated 8.6.2023 passed by the learned concerned authority in Case No. 1244 of 2022 (Smt. Ketki Devi Vs. Kunjana Devi and others)".

3. Contention of the learned counsel for the petitioner is that against judgment and decree passed in proceedings under Section 116 of U.P. Revenue Code, 2006, the petitioner has preferred first appeal before respondent no. 2. Stay application filed along with the appeal has been rejected.

4. Learned counsel appearing for respondents and learned Standing Counsel submits that no useful purpose would be served in keeping this petition pending and a direction may be issued to respondent no. 2 to decide the appeal itself in a time frame as may be prescribed by this Court. Learned counsel for the respondents stated that opposite parties in the appeal have already been appeared.

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 appeal, in accordance with law, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order after 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. It is further provided that during pendency of the appeal, no third party rights will be created.

Order Date :- 21.11.2024/Ved Prakash