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2025 DAILYLAW 12820 (ALL)

SHRISH PRATAP SINGH AND ANOTHER v. STATE OF U.P. AND 12 OTHERS

WRIC/2827/2025 · 2025-02-23

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:26228 Court No. - 34 Case :- WRIT - C No. - 2827 of 2025 Petitioner :- Shrish Pratap Singh And Another Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Viveka Nand Rai Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The writ petition has been filed for the following reliefs:- "(A)- Issue a writ, order or direction in the nature of Certiorari quashing the Impugned Order dated 21.11.2024 passed by Additional Commissioner (Judicial) Second, Agra, Division Agra in Revision No. 2547 of 2024 (Computerized Suit No. 202401000002547) (Shrish Pratap Singh and another versus Devendra and others) Under Section 219 L.R. Act. (B)- Issue a writ, order or direction in the nature of mandamus commanding and directing the Private respondents not to dispossess the petitioners from the land in dispute and maintain the status quo." 3. Contention of learned counsel for the petitioners is that in an appeal filed by the petitioners in the year 1990, an interim order was granted on 30.05.1990. The appeal was dismissed on 27.09.2024, thereafter, the petitioners have filed a revision against the appellate order. The revision filed by the petitioners has been admitted but the interim application has been rejected. It has also been submitted by counsel for the petitioners that in view of judgment of Supreme Court in Mool Chand Yadav Vs. Raza Buland Sugar Company Limited reported in 1982 (3) SCC page No. 48, the revisional court has erred in law in rejecting the stay application. He further submits that there is eminent threat to the petitioners of being dispossessed during the pendency of the revision. 4. Learned Standing Counsel submits that no useful purpose would be served in keeping this petition pending and it would be in the interest of justice to direct the revisional court to decide the revision filed by the petitioners within a time frame as may be fixed by this Court. 5. The revisional court i.e. respondent no. 2-Additional Commissioner (Judicial) Second, Agra, Division Agra is directed to consider and decide the revision in accordance with law, expeditiously, preferably, within a period of four months from the date of production of a certified copy of this order, after ensuring service upon all the opposite parties, giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment. 6. Till the disposal of the revision, parties are directed to maintain status quo. 7. It is made clear that in case, counsel for the petitioners seeks any adjournment, the interim order granted by this Court shall stand vacated automatically. 8. With these observations, the writ petition is disposed of. Order Date :- 24.2.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad