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2025 DAILYLAW 101811 (ALL)

DHIRENDRA AND 2 OTHERS v. State of UP AND 2 OTHERS

WRIC/32861/2024 · 2025-07-07

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107719 Court No. - 35 Case :- WRIT - C No. - 32861 of 2024 Petitioner :- Dhirendra And 2 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Pawan Giri,Rishabh Srivastava Counsel for Respondent :- C.S.C.,Pravesh Kumar,Rajeev Kumar Yadav,Ramdeo Mani Tripathi,Rameshwar Prasad Shukla Hon'ble Syed Qamar Hasan Rizvi,J. 1. Sri Rishabh Srivastava, learned counsel for the petitioners and Sri Awadhesh Kumar Patel, learned standing counsel appearing for the State-respondents are present. 2. By means of the present writ petition the petitioners have challenged the order dated 02.08.2024 passed by the Court of learned Tehsildar Sagadi, District Azamgarh under Section 67 of the U.P. Revenue Code, 2006 in Case No. 6938 of 2021. 3. The contention of the learned counsel for the petitioners being aggrieved against the aforesaid order dated 02.08.2024 preferred restoration application before the Court of learned Tehsildar Sagadi, District Azamgarh on 07.08.2024, which is pending for disposal. 4. It has been very categorically submitted by the learned counsel for the petitioners is that during the pendency of the aforesaid restoration application, the respondent no. 2 in pursuance of the impugned order dated 02.08.2024 is trying to dispossess the petitioner from the land in question. 5. Learned standing counsel has opposed the present writ petition on the ground that once the restoration application against the order dated 02.08.2024 is pending before the competent court, the instant writ petition is not entertainable. 6. Confronted with the aforesaid objection, the learned counsel for the petitioner confined his prayer only to the extent that a writ in the nature of mandamus be issued directing the Tehsildar / Assistant Collector First Class, Tehsil Sagadi, District Azamgarh (respondent no. 2) to expeditiously decided the aforesaid restoration application filed on 07.08.2024. 7. In view of the aforesaid, this Court is of the view that no useful purpose would be served in keeping the writ petition pending. 8. Accordingly, the present writ petition is disposed of with a direction to the Tehsildar / Assistant Collector First Class, Tehsil Sagadi, District Azamgarh (respondent no. 2) to decide the aforesaid restoration application, stated to have been filed on 07.08.2024 (as contained in Annexure 5 to the writ petition), within a period of three months from today. 9. It is provided that till the disposal of the aforesaid application for restoration or till 09.10.2025, whichever is earlier, the petitioners shall not be dispossessed from the land in question in pursuance of the impugned order dated 02.08.2024. Order Date :- 8.7.2025 Arif Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad