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2025 DAILYLAW 100978 (ALL)

SMT PRABHAWATI v. STATE OF U.P. AND 2 OTHERS

WRIC/34344/2025 · 2025-09-25

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34344 of 2025 Court No. - 33 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This writ petition has been filed with the following prayer:- "I. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 22.01.2025 passed by the respondent no.2 i.e. Assistant Collector/ Tehsildar, Lalganj, District Azamgarh passed in Case No. T-202015060400794) (State Vs. Prabhawati), under section 67 of U.P. Revenue Code, 2006 (Annexure No.7); II. Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no.2 not to demolish the house of the petitioner over the land in dispute; . Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 decide the restoration application of the petitioner in Case No. T-202015060400794) (State Vs. Prabhawati), under section 67 of U.P. Revenue Code, 2006;" 2. The first two prayer made in the writ petition cannot be granted as the restoration application is pending in proceedings under Section 67 of U.P. Revenue Code, 2006 before respondent no. 2. 3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon respondent no. 2 to decide the restoration application pending in Case No. T-202015060400794) (State vs. Prabhawati), in accordance with law, Versus Counsel for Petitioner(s) : Bajarang Bahadur Singh Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla Smt Prabhawati .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) after hearing all affected parties, preferably within a period of one month from the date of production of certified copy of this order. 4. With the aforesaid directions, writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the matter on merits. September 26, 2025 V.S.Singh WRIC No. 34344 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad