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2025 DAILYLAW 140996 (ALL)

SHASHANK KUMAR VERMA AND ANOTHER v. SUB DIVISIONAL OFFICER, NAWABGANJ, BARABANKI AND OTHERS

WRIC/4826/2025 · 2025-05-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:30166 Court No. - 7 Case :- WRIT - C No. - 4826 of 2025 Petitioner :- Shashank Kumar Verma And Another Respondent :- Sub Divisional Officer, Nawabganj, Barabanki And Others Counsel for Petitioner :- Arvind Yadav,Shesh Mani Shukla Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the petitioners, Shri Hemant Kumar Pandey, learned State Counsel and perused the material brought on record. 2. The instant petition has been preferred seeking following main relief:- "Issue a writ order or direction in the nature of certiorari thereby quashing/set aside the impugned order dated 15-04-2025 passed by the O.P. No.1 i.e. Sub-Divisional Officer, Nawabganj, District Barabanki in Case No. 2730/2025, "Durga Prasad Vs. Shashank Kumar Verma and others" (Copy of Annexure No. 1) by means of which the S.D.O., Tehsil Nawabganj, District Barabanki had passed the impugned order illegally and also neglected the law laid down by the Apex Court as well as this Hon'ble Court about the limitation and illegally directed to maintain status-quo to the parties of the case, over the property in question, in the interest of justice." 3. The case/claim of the other side namely Durga Prasad Pandey is based upon the sale deed dated 22.02.2014 and based upon the said sale deed an order was passed on 02.04.2014 in mutation case by the concerned Revenue Court. Thereafter an application was preferred by the petitioners which was decided vide order dated 03.09.2024. As per memo of appeal on record, the order dated 03.09.2024 came into the knowledge of the opposite party namely Durga Prasad Pandey on 18.01.2025 and immediately thereafter an appeal dated 20.01.2025 was filed challenging the order dated 03.09.2024 by the opposite party namely Durga Prasad Pandey and in this appeal the impugned order was passed on 15.05.2025 on an application seeking interim protection. By the impugned order dated 15.05.2025 the property in dispute has been saved. 4. It would be apt to indicate that the impugned order was passed after hearing the learned counsel for the parties as is evident from the order dated 15.05.2025 itself. 5. It would be apt to indicate at this stage that sale deed, the basis of the order dated 02.04.2014 has not been cancelled till date and as per statement of learned counsel for the petitioners in this regard the petitioners have already instituted a suit which is pending in consideration. 6. Taking note of the aforesaid as also the observation made by the Hon'ble Apex Court in the case of D. Saibaba Vs. Bar Council of India and another reported in (2003) 6 SCC 186 as also that mutation proceedings are summary in nature and do not decide title between the parties, this Court finds that no interference in the impugned order is required. 7. Accordingly, this petition is dismissed with liberty to the petitioners to pursue civil suit as also the pending appeal. Order Date :- 21.5.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench