Allahabad High Court
Brijesh Kumar Singh And Another vs State Of Up And 3 Others on 3 April, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:47395 Court No. - 35 Case :- WRIT - C No. - 35763 of 2024 Petitioner :- Brijesh Kumar Singh And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Sanjeev Kumar Shukla,Yashwant Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 23.01.2024 (Annexure No. 4) passed by the Additional Commissioner (Nyaik/Pratham) Varanasi Region Varanasi/ respondent no. 2 in appeal no. 1809/2023 (Virendra Kumar Singh Vs. State of U.P. and others) U/s 38(4) of U.P. Revenue Code 2006 with regard to gata no. 523, 526, 528 situated in village Elimpur, pargana Haveli, tehsil Sadar, District Jaunpur.
(ii) Issue a writ, order or direction in the nature of Mandamus commanding respondents to maintain status quo on the spot with regard to gata no. 523, 526, 528 ahabad situated in village Elimpur, pargana Haveli, tehsil Sadar, District Jaunpur till the disposal of appeal no.1809/2023 (Virendra Kumar Singh Vs. State of U.P. and others) U/s 38(4) of U.P. Revenue Code, 2006."
3. Learned counsel for the petitioner submitted that the above-mentioned appeal is pending consideration and the same has not been decided till date. Learned counsel prayed that the same may be decided, expeditiously.
4. Since the above-mentioned case is pending, no useful purpose would be served in keeping this petition pending.
5. In view of the above, this writ petition stands disposed of with a direction to respondent No.2 to decide the above-mentioned appeal, in accordance with law, expeditiously, preferably within three months from the date of production of a certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties as well as giving a reasonable opportunity of leading evidence in respect of their case provided there is no other legal impediment.
Order Date :- 3.4.2025 Rishabh [Manish Kumar Nigam, J.]