Disposed

Prabhat Kumar v. Apar Up Ziladhikari, Sadar, Ayodhya and Others

Allahabad HC5 Jun 2024A227/2912/2024

Case brief

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What is this about?

Writ petition under Article 227 seeking direction to respondent to decide a stay application filed in a pending appeal. Court disposed of petition without merits, granting liberty to file urgency application expeditiously.

What did the court decide?

Writ petition disposed of with liberty to petitioner to move urgency application for early disposal of interim relief application before respondent no. 1.

Prabhat Kumar vs Apar Up Ziladhikari… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:42482

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Court No. - 3

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Case :- MATTERS UNDER ARTICLE 227 No. - 2912 of 2024

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Petitioner :- Prabhat Kumar Respondent :- Apar Up Ziladhikari, Sadar, Ayodhya And Others

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Counsel for Petitioner :- Rakesh Kumar Srivastava Counsel for Respondent :- C.S.C.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri Mohan Singh, learned counsel for the respondent no. 7.

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Present writ petition has been preferred to direct the respondent no. 1-Apar Up Ziladhikari, Sadar, Ayodhya to decide the stay application filed along with the Appeal bearing No. T-202304230110816 preferred under Section 35(2) of the U.P. Revenue Code, 2006, titled as 'Prabhat Kumar vs. Ambuj Agarwal and Ors.', which is pending since 12.10.2023.

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On being asked from the learned counsel for the petitioner whether petitioner has preferred any urgency application for early disposal of the interim relief application filed alongwith the appeal, learned counsel for the petitioner has replied that no such application has been preferred before the Court concerned and petitioner has approached this Court directly for deciding the case expeditiously.

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At this stage, learned counsel for the petitioner has submitted that present writ petition may be disposed of with a liberty to the petitioner to move an urgency application for early disposal of the interim relief application before the Court concerned and if any such application is preferred by the petitioner the same may be decided by the respondent no.1 within the stipulated time fixed by this Court.

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Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.

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On the request of learned counsel for the petitioner and without entering into the merit of the case, the present writ petition is disposed of with liberty to the petitioner to move an urgency application for early disposal of interim relief application filed alongwith the aforesaid appeal before the respondent no. 1. If any such application is preferred, it is expected that respondent no. 1 shall decide the urgency application preferred by the petitioner looking into the urgency mentioned therein expeditiously in accordance with law, after giving opportunity of hearing to the parties

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concerned and without providing any unnecessary adjournment to either of the parties.

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Order Date :- 5.6.2024 Nitesh

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Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench

Prabhat Kumar v. Apar Up Ziladhikari, Sadar, Ayodhya and Others

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Prabhat Kumar v. Apar Up Ziladhikari, Sadar, Ayodhya and Others

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