Radheyshyam v. State of U.P. and 3 Others

Court No. - 52 Case :- WRIT - C No. - 35069 of 2023 Petitioner :- Radheyshyam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Piyush Patel,Pradeep Kumar Counsel for Respondent :- C.S.C,Sudhir Bharti Hon'ble Saurabh Srivastava,J.

¶1Heard Sri Piyush Patel, learned counsel for petitioner and learned Standing Counsel for the State-respondents.

¶2Present writ petition has been filed seeking a direction in the nature of mandamus to be issued in favour of the respondent no.2 to decide stay application in Case No. 840/2023, Computerized Case No. D202305470000840 (Radheshyam vs. Gaon Sabha), under Section 67(5) of U.P. Revenue Code, 2006 expeditiously.

¶3Learned counsel for petitioner submits that grievance of petitioner would sufficiently be met in case, the aforesaid stay application dated 28.06.2023 is considered and decided in a time bound manner by respondent no. 2.

¶4Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending and an appropriate direction may be issued to respondent no.2 to consider the grievance of the petitioner.

¶5Be that as it may, without entering into the merits of the case as well as if there is no other legal impediment available, the respondent no.2 is hereby directed to consider and decide stay application dated 28.06.2023 preferred by petitioner in Case No. 840/2023, Computerized Case No. D202305470000840 (Radheshyam vs. Gaon Sabha), under Section 67(5) of U.P. Revenue Code, 2006, as expeditiously as possible, preferably within a period of one month from the date of production of certified copy of this order, after affording proper opportunity of hearing to all the parties.

¶6With the aforesaid directions, the writ petition stands disposed of. Order Date :- 18.10.2023 Shaswat High Court of Judicature at Allahabad