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2025 DAILYLAW 134041 (ALL)

VIKAS KUMAR TIWARI v. STATE OF U.P. THRU. COLLECTOR, GONDA AND OTHERS

WRIC/3655/2025 · 2025-04-17

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21816 Court No. - 7 Case :- WRIT - C No. - 3655 of 2025 Petitioner :- Vikas Kumar Tiwari Respondent :- State Of U.P. Thru. Collector, Gonda And Others Counsel for Petitioner :- Kuldeep Singh Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. The present petition has been filed for the following main relief:- "(i). Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 13.11.2024 passed by opp. party no. 1 i.e. Collector Gonda in case no. 112/2024-25 relating to village Janki Nagar Gramin Pargana Tehsil and District Gonda "Hemlata Maurya Vs. Gangajali "and impugned order dated 15.05.2024 passed by Commissioner Devi Patan Mandal i.e. opp. party no. 2 in the revision no. 411/2024 computerised case no. C202408000000411 under section 210 U.P. Revenue Code 2006 "Hemlata Maurya Vs. Vikas Kumar Tiwari and others" as contained in Annexure no. 1 and 2 to this writ petition in the interest of justice. (ii). Issue a writ order or direction in nature of mandamus commanding the opp. parties concerned to restrain the opp. party no. 7 to not alienate the land in question and also not interfere in the peaceful possession of the petitioner over his land in the interest of justice." On being confronted, after considering the fact of the case also the relevant statutory provision(s) i.e. Section(s) 34, 35 and 98 of the U.P. Revenue Code, 2006, according to which for deciding the mutation case, the Tehsildar concerned is the authority and also the principles settled that no one can confer the jurisdiction, the learned counsel for the petitioner submits that the Collector, Gonda has decided the Case No.112 of 2024-2025 vide its order dated 13.11.2024 and remanded the matter to Naib Tehsildar, Gonda to decide the case no. T- 201908300409829, after affording the opportunity of hearing to the parties concerned and accordingly the Tehsildar concerned be directed to decide the Case No. T- 201908300409829 as expeditiously as possible. Considering the prayer made by learned counsel for the petitioner, this petition is disposed of with direction to opposite party no.4/Naib Tehsildar, Tehsil- Sadar District Gonda to consider and decide the case T- 201908300409829 most expeditiously, after affording full opportunity of hearing to the parties concerned, but without granting any unnecessary adjournment, preferably within a maximum period of three months from the next date fixed before it. It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. . (Saurabh Lavania,J.) Order Date :- 17.4.2025 dk/ Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench