DEV KUMAR PANDEY v. ADDITIONAL COMMISSIONER AND 6 OTHERS
WRIC/38849/2024 · 2025-07-13
S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 108439 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 108439 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:112774 Court No. - 35 Case :- WRIT - C No. - 38849 of 2024 Petitioner :- Dev Kumar Pandey Respondent :- Additional Commissioner And 6 Others Counsel for Petitioner :- Ram Singh Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Sri Ram Singh, learned counsel for the petitioner and Sri Dhananjay Singh, learned standing counsel appearing for the State-respondents are present. 2. By means of the present writ petition the petitioner has challenged the order dated 03.10.2024 passed by the Additional Commissioner (First), Chitrakoot Dham Mandal, Banda (respondent no. 1) in Case No. 1210 of 2022 under Section 210 of the U.P. Revenue Code, 2006 and the order dated 20.09.2022 passed by the Sub Divisional Officer, Baberu, District Banda (respondent no. 2) under Section 225(Cha) of the U.P. Revenue Code, 2006. 3. This Court vide order dated 17.05.2025 granted time to the learned standing counsel appearing on behalf of the State- respondents to seek instructions in the matter. 4. Sri Dhananjay Singh, learned standing counsel on the basis of instruction dated 27.05.2025 received from the office of the Tehsildar Baberu, District Banda, submits that the mutation cases having RST/ 1536/2021 (Sujeet Pandey Vs. Ramdutt) and RST/2019/2021 (Smt. Bharti Devi Vs. Ramdutt) under Section 35(1)(c) of the U.P. Revenue Code, 2006 have already been decided vide order dated 03.10.2024 by the Tehsildar, Baberu (respondent no. 3). 5. A copy of the instruction dated 27.05.2025 as provided by the learned standing counsel is taken on record. 6. The contention of the learned standing counsel is that once the mutation cases have already been decided then the relief prayed for in the present writ petition arising out of the dispute regarding the consolidation of the two mutation cases has lost its' efficacy. He further submits that if the petitioner is aggrieved against the order dated 03.10.2024 passed by the Tehsildar Baberu in mutation cases, he may prefer appeals as provided under Section 35(2) of the U.P. Revenue Code, 2006. 7. Confronted with the aforesaid objection as raised by the
learned standing counsel, Sri Ram Singh, learned counsel for the petitioner submits that he may be permitted to withdraw the present writ petition with liberty granted to the petitioner to avail the statutory remedy as available under Section 35(2) of the U.P. Revenue Code, 2006. 8.
It is provided that in case if the petitioner prefers the appeal as provided under Section 35(2) of the U.P. Revenue Code, 2006 within a period of two weeks from today, the Sub Divisional Officer concerned shall entertain the same and pass appropriate orders on merits as expeditiously as possible, in accordance with law, after affording opportunity of hearing to the parties concerned. 8. With the aforesaid observations and directions, the writ petition is disposed of. Order Date :- 14.7.2025 Arif Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad