SMT SAFIYA BANO @ SHAKIYA BEGUM v. STATE OF U.P. AND 9 OTHERS
WRIC/42780/2024 · 2025-03-17
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 112815 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 112815 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:39306 Court No. - 35 Case :- WRIT - C No. - 42780 of 2024 Petitioner :- Smt Safiya Bano @ Shakiya Begum Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Babu Lal Ram Counsel for Respondent :- C.S.C.,Hari Narayan Singh 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 or direction in the nature of Certiorari quashing the Order dated 19.03.2024 passed by Additional Commissioner (Judicial-II) Kanpur Division, Kanpur in Revision No. 2995 of 2010 Safiya Bano Versus Sbiya Bano and others Computer Case No. C201903000002995 Under Section 210 of U.P. Revenue Code, 2006 (Contained as Annexure No. 9 to this writ petition. Issue a writ, order or direction in the nature of Mandamus directing the mutate the name of the petitioner over the Gata No. 657 area 0.465 Hectare and the Gata No. 658K area 0.0567 Hectare situated in Village Majhpurwa Tehsil Chhibramau District Kannauj by the name of Waqf property/Gaon Sabha."
3. Contention of learned counsel for the petitioner is that against the appellate order by which order passed by initial authority has been set aside and the proceedings u/s 35 of the U.P. Revenue Code, 2006 has been remanded before the initial Court for decision afresh, petitioner preferred a revision and the same has been dismissed. 4. Learned Standing Counsel submits that since the proceedings are pending before the initial authorities, liberty may be given to the petitioner to contest the same and the order may not be interfered with. It is further submitted that a direction may be issued to respondent No.5 to decide the above-mentioned proceedings, in accordance with law. 5. Accordingly, this writ petition stands disposed of with a direction to respondent No.5 to consider and decide the Case No. T201103391195/11 (Phakara Bano Versus Fashih Jama Khan) under Section 35 of U.P. Revenue Code, 2006, in accordance with law, expeditiously, preferably within six months from the date of production of a certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties as well as giving a reasonable opportunity of leading evidence in respect of their case provided there is no other legal impediment.
Order Date :- 18.3.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad