Dismissed

Mohd. Mustaq v. State of U P and 5 Others

Allahabad HC19 Jul 2022WRIC/7442/2022

Case brief

AI extract

What is this about?

Petitioner sought mandamus for Sub Division Magistrate to comply with an order granting status quo in Case No. RST/2313/2017. Since a co-ordinate had already directed expeditious disposal and dismissed related writs, the court dismissed this petition, reiterating the duty to decide pending cases expeditiously.

What did the court decide?

Petition dismissed with a direction to the Sub Division Magistrate to decide the pending case expeditiously.

Mohd. Mustaq Vs State of U P and 5 Others — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 19

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Case :- WRIT - C No. - 7442 of 2022

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Petitioner :- Mohd. Mustaq Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Mani Shanker Pandey Counsel for Respondent :- C.S.C.,Azad Rai

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Hon'ble Prakash Padia,J.

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Heard learned counsel for the petitioner. Learned Standing Counsel accepted notice on behalf of respondent Nos. 1 & 2 and Sri Azad Rai, learned counsel for respondent No. 7.

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The petitioner has preferred the present writ petition with the following prayer:-

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"(i) Issue a writ order or direction in the nature of mandamus directing the Sub Divisional Officer, Tehsil Handia District Allahabad/Prayagraj (respondent no. 2) to comply the order dated 07.01.2022 passed in Case No. RST/2313/2017, Computerized Case No. 1T201702323042313 (Mohibullah Vs. Gaon Sabha and others) within stipulated period, which may be fixed by this Hon'ble Court (Annexure No. 9 to the writ petition)."

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Supplementary affidavit has already been filed which is on record.

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It is stated in the supplementary affidavit that against the order dated 07.01.2022 passed by the Sub Division Magistrate, Handia District Prayagraj in Case No.RST/2313/2017 (Computer Case No.T201702323042313) (Muhibulla Vs. Gaon Sabha etc.) by which status quo was granted, a revision was preferred by the private respondent before the Commissioner Prayagraj Division Prayagraj being Revision No.70 of 2022. The said revision was also dismissed vide order dated 07.02.2022. Aggrieved against the aforesaid order, the private respondent filed a writ petition being Writ C No.5521 of 2022 (Mohibulla (Since Deceased) And 5 Others Vs. Commissioner Prayagraj Division Prayagraj And 4 Others). The said writ petition was dismissed by a co-ordinate bench of this Court vide its judgement and order dated 22.03.2022 The operative portion of the aforesaid order is quoted below:-

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"The writ petition is dismissed leaving it open to the parties concerned to pursue the matter which is stated to be pending before the Sub-Divisional Officer and seek expeditious disposal of the case and to press for any other relief as may be required."

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In this view of the matter, a prayer has been made by learned counsel for the petitioner to issue a direction in the nature of mandamus directing the Sub Division Magistrate, Handia District Prayagraj to comply with the order dated 07.01.2022.

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Heard learned counsel for the parties.

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From perusal of the aforesaid facts as narrated above, it is clear that the order dated 07.01.2022 passed by the Sub Division Magistrate, Handia District Prayagraj by which a direction was given to the Station House Officer Utraon to comply with order of status quo. Against the aforesaid order, the private respondent filed revision before the Commissioner Prayagraj Division Prayagraj which was also dismissed. Against the aforesaid order, the petitioner filed Writ C No.5521 of 2022 before this Court and the same was also dismissed. While dismissing the aforesaid writ petition, this Court made the observations to pursue the matter pending before the Sub Division Magistrate, Handia District Prayagraj. Since the order has already been given by this Court in the aforesaid writ petition to pursue the matter for expeditious disposal, operative portion of the aforesaid order has been quoted above, therefore, no further order is required to be passed in the matter.

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In the facts and circumstances of the case, the present writ petition is dismissed with a direction to the Sub Division Magistrate, Handia District Prayagraj/respondent No.2 to decide the case being Case No.RST/2313/2017 (Computer Case No.T201702323042313) (Muhibulla Vs. Gaon Sabha etc.) pending before him expeditiously, if there is no legal impediment. Order Date :- 19.7.2022 saqlain

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Digitally signed by SYED MOHAMMAD SAQLAIN HAIDER Date: 2022.07.20 09:31:17 IST Reason: Location: High Court of Judicature at Allahabad

Mohd. Mustaq v. State of U P and 5 Others

Case brief

What is this about?

What did the court decide?

Mohd. Mustaq v. State of U P and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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