ANVITA SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE, LKO. AND OTHERS
WRIB/317/2025 · 2025-04-11
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133491 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133491 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:20743 Court No. - 7 Case :- WRIT - B No. - 317 of 2025 Petitioner :- Anvita Singh Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And Others Counsel for Petitioner :- Ravindra Kumar Singh,Vivek Kumar Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the petitioner, Shri Hemant Kumar Pandey, learned State Counsel and perused the material brought on record.
2. This petition has been filed seeking the following main relief(s):-
"I. A writ order or direction in the nature of Certiorari thereby quashing the impugned
order dated 28.01.2025 passed by the opposite party No. 2 in Case No. Rev/4207/2024/Lakhimpur Computerized Case No. Kheri, R20241043004207 "Himanshu Kumar Singh Vs. Anvita Singh" under section 210 U.P. Revenue Code, 2006, contained in Annexure No. 1 to this writ petition. II. A writ order or direction in the nature of Mandamus commanding the opposite party no. 03, to decide the mutation application No. 6132/2024, computerized Case No. T202410430406132 "Anvita Singh Vs. Ram Kumar Singh" under section 34 of U.P. Revenue Code, 2006."
3. Upon due consideration of the submission advanced by learned counsel for the petitioner as also the State Counsel Shri Hemendra Kumar Pandey and the language couched in para 492 of U.P. Revenue Code Manual, according to which for recall of interlocutory or stay order an application can be preferred by the concerned party and also the observations made by this Court in the judgment passed in the case of Shivpujan Das Chela Siyaram Das Vs. State of U.P. & others, reported in 2024 165 RD 138: MANU/UP/4354/2024, according to which the order passed in exercise of power under Section 34/35 of U.P. Land Revenue Code, 2006 (in short 'Code 2006') can be assailed only by way of appeal under Section 35(2) of Code 2006, the present petition is disposed of finally with liberty to the petitioner to prefer an application indicating therein all the relevant facts in terms of para 492 of U.P. Revenue Code Manual. In case such an application is filed, the same shall be disposed of, if possible on the next date fixed, i.e. on 30.04.2025, as informed by learned counsel for the petitioner, and in case for some reasons the same could not be finally decided on 30.04.2025 then in that eventuality the same shall be decided within a maximum period of 15 days thereafter.
Order Date :- 11.4.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench