AJAY GOVIND RAO AND ANOTHER v. State of UP AND 8 OTHERS
WRIC/35365/2024 · 2025-02-26
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 104865 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 104865 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:27520 Court No. - 34 Case :- WRIT - C No. - 35365 of 2024 Petitioner :- Ajay Govind Rao And Another Respondent :- State Of Up And 8 Others Counsel for Petitioner :- Arvind Kumar Shukla Counsel for Respondent :- C.S.C.,Narendra Pratap Kushawaha,Parashuram Barnawal Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. The present petition has been filed for the following relief:
"A. Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 24.08.2024 passed by learned Commissioner, Gorakhpur Division, Gorakhpur in Revision No. 689 of 2016 (Computerized Case No. C2016050000689) (Siddharth Khetan Vs. Ajay Govind Rao & Others). (Annexure No. 10 to the writ petition)"
3. Brief facts of the case are that proceedings under Section 33/39 of the U.P. Land Revenue Act, 1901 were decided in favour of the petitioners. Against which, respondent No. 5 has filed a restoration application, which was dismissed. The revision filed by respondent No. 5 has been allowed and the matter was remanded back.
4. Learned Standing Counsel submitted that no useful purpose would be served in keeping this petition pending as the matter is still sub judice before the original authority after remand.
5. Since the matter is pending before the original authority after remand, I am not inclined to interfere in the matter.
6. Accordingly, the writ petition is disposed of with liberty to the petitioners to raise all the objections as to the locus of respondent No. 5 to file restoration application and all other grounds as available to them, in accordance with law. In case, such an objection is taken, the same shall be decided.
7. Respondent No. 3- Sub-Divisional Officer, Tehsil- Kaptanganj, District Kushinagar is directed to consider and decide the
proceedings under Section 33/39 of the U.P. Land Revenue Act, 1901 expeditiously, preferably within a period of six months from the date of production of a certified copy of this order after ensuring service upon all the opposite parties and giving opportunity of hearing to the parties concerned. Order Date :- 27.2.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad