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2025 DAILYLAW 11198 (ALL)

KANHAIYA LAL AND 4 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIC/2625/2025 · 2025-02-13

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20781 Court No. - 34 Case :- WRIT - C No. - 2625 of 2025 Petitioner :- Kanhaiya Lal And 4 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pradeep Kumar Tiwari Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.,Lakshmi Kant Pandey Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This petition has been filed for the following relief: "(I) Issue, a writ order or direction in the nature of Certiorari to quash the impugned orders dated 27.07.1993 and order dated 05.09.2001 passed by the respondent No. 3 in Case No. 621/688 under Section 34 U.P. Land Revenue Act (Vishwanath Vs. Brijraji) (Annexure No. 2 and 5 to this writ petition) and quash the order dated 31.05.2017 and order dated 14.11.2024 passed by the respondent no. 2 in Revision No. 547 of 2001 (Vishwanath Prasad (deceased) Vs. Alleged Brijrji and others) (Annexure No. 7 and 9 to this writ petition.)." 3. The orders under challenge have been passed in mutation proceedings which are summary in nature, only for the fiscal purposes and do not decide the rights of the parties and, therefore, no useful purpose would be served in keeping this petition pending. 4. The petitioner may get his rights declared in a competent court in a regular proceedings. 5. Accordingly, the petition is dismissed with liberty to the petitioner to avail the remedy as available to him by filing a suit in accordance with law. 6. It is needless to say that the findings recorded by the mutation court will not be binding to the regular proceedings, if any, have initiated by the petitioner. Order Date :- 13.2.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad