Neutral Citation No. - 2025:AHC:117724 Court No. - 35 Case :- WRIT - C No. - 37604 of 2024 Petitioner :- Committee Of Management Dr Bhimrao Ambedkar Vidyapeeth Respondent :- District Magistrate, District Azamgarh And 3 Others Counsel for Petitioner :- Ramesh Chandra Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Syed Riyaz Askari, leaned counsel for the petitioner and Sri Nandlal Maurya, learned standing counsel for the State-respondents. 2. By means of the present writ petition the petitioner has prayed for quashing of the entire proceeding pending before the learned District Magistrate, Azamgarh / respondent no. 1 in Case No. 1783 of 2018, Computerized Case No. D201815060001783 (Ram Bhawan vs. Dr. Bhimrao Ambedkar Vidyapeeth Godauli, District Azamgarh) under Section 128 of the U.P. Revenue Code. 2006. 3. The submission of the learned counsel for the petitioner is that the plots in question were allotted in favour of the petitioner vide resolution dated 18.08.1984 passed by the Land Management Committee / respondent no. 2 which was subsequently approved by the Sub Divisional Officer concerned. The said allotment of the land in favour of the petitioner is for an educational institution imparting education upto intermediate level. 4. The contention of the learned counsel for the petitioner is that the proceedings under Section 128 of the U.P. Revenue Code, 2006 have been initiated against the petitioner after a lapse of about 38 years and as such the same are not at all maintainable being barred by limitation as per Section 128(1-A) of the U.P. Revenue Code, 2006. 5. The submission of the learned counsel for the petitioner is that the learned District Magistrate has entertained the said proceeding vide order dated 26.12.2019 without taking into consideration the legal impediment of limitation and has issued notices to the opposite parties in a mechanical manner. 6. In support of his contention, learned counsel for the petitioner has relied upon the judgment passed by this Court in the case of Nirmala Devi Vs. State of U.P. & others; reported in 2024 (3) ADJ 327. 7. Learned standing counsel appearing on behalf of the State has raised a preliminary objection regarding the maintainability of the writ petition. He contended that the instant writ petition is premature as the District Magistrate vide the order dated 26.12.2019 as contained in Annexure No. SA-2 of the supplementary affidavit dated 20.07.2025 filed by the petitioner has simply issued notices to the opposite parties and the petitioner has sufficient opportunity to file his objections in the said proceeding including its' maintainability. 8. Confronted with the aforesaid objection, learned counsel appearing for the petitioner prayed for withdrawal of the present writ petition with liberty to the petitioner to file detailed objection before the learned District Magistrate in the said proceeding. 9. In view of the aforesaid, this Court is of the view that the prayer made by the petitioner for withdrawal of the writ petition at this stage with liberty to the petitioner to file detailed objection before the learned District Magistrate (respondent no. 1) in the aforesaid Case No. 1783 of 2018, is accepted. 10. Accordingly, the present writ petition is consigned to record. 11. It is hereby provided that, in case, if the petitioner prefers to file a detailed objection within the period of ten days from today before the District Magistrate concerned, he shall consider the same and shall pass appropriate orders strictly in accordance with law after affording due opportunity of hearing to the parties concerned, within a period of two months from the date of filing of the aforesaid objection. Order Date :- 21.7.2025 Arif Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad