Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:71104 Court No. - 35 Case :- WRIT - C No. - 39094 of 2024 Petitioner :- Shameem Ahmad Respondent :- State Of Up And 30 Others Counsel for Petitioner :- Kumar Parikshit,Nitesh Vishwakarma,Pavan Gupta Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Manish Kumar Nigam,J.
1. Learned counsel for the petitioner is permitted to correct the prayer clause of the writ petition during the course of the day.
2. Heard learned counsel for the parties and perused the record.
3. The instant petition has been filed for the following relief :
"I. Issue a writ, order or direction in the nature of Mandamus commanding/directing the private respondents to maintain status quo over the land of Arazi no.1055 measuring area 2.3190 hectare situated at village Lahuakala, Pargana Deogaon, Tehsil Lalganj, District Azamgarh in pursuance to the order dated 05.08.2024 passed by respondent no.3/during the pendency of Case No.T202415060403341 (Shameem Ahmad Vs. Kamla Devi and others) under Section 116 of U.P. Revenue Code, 2006 filed in respect of above mentioned Arazi pending in the court of Sub- Divisional Magistrate, Lalganj, Azamgarh."
4. Contention of learned counsel for the petitioner is that despite an interim order passed in proceedings under Section 116 of the U.P. Revenue Code, 2006 on 5.8.2024, the respondents are not complying with the order and are violating the same.
5. Learned Standing Counsel has submitted that the petitioner has a remedy of moving an application under Order 39 Rule 2A of the C.P.C.
6. Since the provisions of C.P.C. are applicable to the proceedings under Section 116 of the U.P. Revenue Code, 2006, I am not inclined to interfere in the matter.
7. Accordingly, the present writ petition is disposed of finally with
liberty to the petitioner to move an appropriate application. In case, such an application is moved within a period of two weeks from today, the same shall be considered and decided within next six weeks after hearing all the concerned parties provided there is no other legal impediment Order Date :- 5.5.2025 S. Singh (Manish Kumar Nigam,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad