Shamim vs State Of Up And 7 Others
2024 Latest Caselaw 38843 ALL

Citation : 2024 Latest Caselaw 38843 ALL
Judgement Date : 25 November, 2024

Allahabad High Court

Shamim vs State Of Up And 7 Others on 25 November, 2024





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:183971
 
Court No. - 50
 

 
Case :- WRIT - C No. - 38891 of 2024
 

 
Petitioner :- Shamim
 
Respondent :- State Of Up And 7 Others
 
Counsel for Petitioner :- Mithilesh Kumar Rai
 
Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.
 

 
Hon'ble Chandra Kumar Rai,J.

1. Learned counsel for the petitioner is permitted to make necessary correction in the array of the parties of the writ petition.

2. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Mr. Bhupendra Kumar Tripathi, learned counsel for the respondent- Gaon Sabha.

3. The instant petition has been filed for mandamus directing the respondent no.2/ Additional Commissioner, Judicial (Second), Varanasi Division, Varanasi to decide the stay application pending in Appeal No.1804 of 2021 as well as to decide the Appeal No.1804 of 2021 within stipulated period.

4. Learned counsel for the petitioner submitted that the appeal under Section 207 of U.P. Revenue Code, 2006 filed by the petitioner along with stay application against the judgment of trial court under Section 144 of U.P. Revenue Code, 2006 is pending before respondent no.2 since 16.11.2021. He further submitted that the copy of order sheet of the case has been annexed as Annexure No.4 to the petition in order to demonstrate that the case is not proceeding expeditiously.

5. Without expressing any opinion on merits of the case and keeping in view of the facts and circumstances, respondent no.2 is directed to decide the aforementioned appeal on merits after giving an opportunity of hearing to the parties in accordance with law expeditiously preferably within a period of two months from the date of production of certified copy of this order before him.

6. Accordingly, the writ petition is finally disposed of.

Order Date :- 25.11.2024/Rameez