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2025 DAILYLAW 107050 (ALL)

SHIV SHANKAR v. State of UP AND 4 OTHERS

WRIC/37493/2024 · 2025-04-27

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65620 Court No. - 35 Case :- WRIT - C No. - 37493 of 2024 Petitioner :- Shiv Shankar Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Suresh Chandra Shukla Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed seeking following relief :- "Issue a Writ, Order of direction in the nature of certiorari to quash the recovery certificate dated 31.10.2023 issued by Assistant Collector Ist Class/Tahsildar (Judicial), Sadar, Jaunpur. II. Issue a Writ, Order of direction in the nature of mandamus commanding and directing the respondent authority not to recover the mentioned amount in the recovery citation dated 31.10.2023. III. Issue a Writ, Order of direction in the nature of mandamus commanding/directing the respondent authorities not to demolish the home of the petitioner which is situated over the land in dispute. IV. Issue a Writ, Order of direction in the nature of mandamus commanding/directing the respondent authorities not to implement the impugned recover certificate till the decision of section 9 of U.P. Holding of Consolidation Act, 1953" 3. Contention of learned counsel for the petitioner is that R.C. Notice 20 (under Rule 67(2) and 67(5) have been issued against the petitioner, against which, petitioner filed his objections before the concerned authority, however, the same has not been decided till date. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this writ petition pending and a direction may be issued to the respondent - authority to consider and decide the objection filed by the petitioner, in accordance with law. 5. Accordingly, this writ petition stands disposed of with a direction to the respondent - authority to consider and decide the objections filed by the petitioner, in accordance with law, expeditiously, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. Order Date :- 28.4.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad