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2025 DAILYLAW 13411 (ALL)

DEVENDRA NATH RAM v. STATE OF U.P. AND 9 OTHERS

WRIC/3339/2025 · 2025-02-13

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20430 Court No. - 34 Case :- WRIT - C No. - 3339 of 2025 Petitioner :- Devendra Nath Ram Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Shobhanath Singh Yadav Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.,J.K.S. Yadav,Shailendra Kumar Rai Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant petition has been filed for the following relief: " i. Issue a writ, order or direction in nature of CERTIORARI quashing the impugned order dated 19.12.2024 passed respondent no. 2 in Case no. 3183/2024 computerized Case no. C2014000003183 (Devendranath Ram Vs. Radheshyam Rai and others) under section 210 U.P. Revenue Code 2006, as well as order dated 23.10.2024 passed by respondent no. 3 in Case no. 2827/2024 computerized Case No. T202414290302827 (Radheshyam Rai Vs....) under section 209h of U.P. Revenue Code 2006." 3. It has been contended by learned counsel for the petitioner that an order was passed on 18.11.2020 in favour of the petitioner in proceedings under Section 34/35 of the U.P. Revenue Code, 2006. A restoration application was filed by the respondents who were not party to the proceedings claiming themselves to be interested parties in the proceedings. The restoration application filed by them has been allowed and the proceedings under Section 34/35 have been reopened. Revision filed by the petitioner has also been dismissed. 4. Learned Standing Counsel as well as learned counsel appearing on behalf of the respondents have submitted that the proceedings are reopened after the order passed on the restoration application and a direction be issued to respondent no.3 to decide the proceedings expeditiously in a time framed as may be fixed by this Court. 5. No useful purpose would be served in keeping this petition pending. 6. Without entering into the merits of the case, the writ petition is disposed of with a direction to the respondent no.3, Tehsildar, Tehsil-Jamaniya, District-Ghazipur to conclude the proceedings of mutation in accordance with law, expeditiously, preferably within a period of three months from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned and after giving a reasonable opportunity of leading evidence in respect of their case provided that there is no other legal impediment. Order Date :- 13.2.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad