Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 13948 (ALL)

JAHANGEER v. STATE OF UP AND 7 OTHERS

WRIC/3329/2025 · 2025-05-15

Manish Kumar Nigam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:81232 Court No. - 35 Case :- WRIT - C No. - 3329 of 2025 Petitioner :- Jahangeer Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Raj Kumar Srivastava,Sharad Kumar Purwar,Sita Ram Sharma Counsel for Respondent :- C.S.C.,Sher Bahadur Singh Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant writ petition has been filed for following relief: "I. Issue a writ or direction in the nature of certiorari quashing the order dated 04.01.2025 passed by respondent No.5/Sub Divisional Magistrate, Aonla District-Bareilly (Annexure No.1 petition). II. Issue a writ or direction in the nature of mandamus commanding the respondent No.2/Additional Commissioner (Judicial) Bareilly Region Bareilly to decide the case No.145/2024 and same is pending in his court to expeditiously within stipulated period. III. Issue a writ or direction in the nature of mandamus commanding the respondent No.5/ Sub Divisional Magistrate Aonla, not to taken any coercive action against the petitioner." 3. Contention of learned counsel for the petitioner is that by an order dated 30.12.2023 passed in proceedings under Section 198(4), lease granted to the predecessor-in-interest of the petitioner was cancelled. Against the order dated 30.12.2023, revision filed by the petitioner has been admitted on 7.10.2024 and the aforesaid revision is pending. During pendency of the revision on a miscellaneous application filed by the respondent no.7, an order has been passed by the S.D.M. dated 4.1.2025 to dispossess the petitioner. It has been contended by learned counsel for the petitioner that since the revision of the petitioner against the cancellation order is pending and it will not be appropriate to dispossess the petitioner. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending and a direction be issued to the revisional court i.e. respondent no.2 to decide the revision filed by the petitioner being Revision No.145 of 2024 (Computerized Case No.C202412000000145) in a time frame as may be prescribed by this Court. 5. The present petition stands disposed of finally with a direction to the respondent No. 2 to consider and decide the revision filed by the petitioner, in accordance with law, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned provided that there is no other legal impediment. 6. Till disposal of the revision, operation of order dated 4.1.2025 passed by the S.D.M., Bareilly shall not be given effect and petitioner will not be dispossessed from the land in dispute. 7. However, it is provided that the petitioner will cooperate in early disposal of the revision and will not seek any adjournment and in case, the adjournments are sought by the petitioner to linger on the proceedings, the interim order granted by this Court shall automatically be vacated. Order Date :- 16.5.2025 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