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Dewata Kewat v. State of U.P. and 12 Others

Disposed off/Decided on merits
Court
High Court of Judicature at Allahabad
Decided
7 December 2023
Case no.
WRIC 41499/2023

Judgment

Court No. - 47 Case :- WRIT - C No. - 41499 of 2023 Petitioner :- Dewata Kewat Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Munna Tiwari Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.

¶2The instant writ petition has been filed praying for a mandamus directing respondent No. 2 to decide the stay application dated 10.11.2023 filed in appeal bearing case no. 1888 of 2023 bearing Computer Case No. C202305000001888 (Dewata and others Vs. Randheer Singh and others) under Section 207 of the U.P. Revenue Code, 2006 within stipulated period.

¶3Contention of learned counsel for the petitioner is that the petitioner filed an appeal along with stay application. The aforesaid stay application is pending since 10.11.2023 and opposite party has appeared before the court below as he has filed a caveat in the appeal.

¶4From perusal of the order sheet, annexed as Annexure No. 3 to the writ petition, it appears that several dates have been fixed by the Court concerned, however, till date, the aforesaid case has not been decided.

¶5No useful purpose would be served in keeping this petition pending.

¶6Considering 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-Additional Commissioner Judicial-II, Gorakhpur Region Gorakhpur to consider and decide the stay application dated

10.11.2023, 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 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. Order Date :- 8.12.2023 Nitika Sri. (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.