KAMINI KAUSHAL SINGH v. COMMISSIONER LKO. DIV. LKO. AND 11 OTHERS
WRIC/5517/2025 · 2025-06-04
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 144420 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144420 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:34630 Court No. - 4 Case :- WRIT - C No. - 5517 of 2025 Petitioner :- Kamini Kaushal Singh Respondent :- Commissioner Lko. Div. Lko. And 11 Others Counsel for Petitioner :- Vishwakant Srivastava,Anchal Srivastava,Rakesh Kumar Verma,Shasank Sonu Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Notice on behalf of the respondent nos.1and 2 has been accepted by the Chief Standing Counsel. Shri Dilip Kumar Pandey has accepted notice on behalf of respondent no.4. By means of the present writ petition, the petitioner prays for the following substantive reliefs :-
"To issue a writ, order or direction in the nature of mandamus to the Ld. opposite party no.1 and 2 to immediately ensure that the entry/amal daramad of the
order dated 17.9.2024 (whereby parties have been
directed to maintain status qo during the pendency of the revision) passed by the Ld. Opp. Party No.1 in revision bearing case No.3716 of 2024 (C202410000003716) U/S 219 Land Revenue Act, 1901 titled as 'Kamini Kaushal Vs. Awadhesh Kumar and others'; be done in the concerned Khatauni/revenue records in pursuance to application dated 29.01.2025 and 13.2025 filed before Opp. Party No.1 and 2 respectively by the petitioner. ii). to issue a writ, order or direction in the nature of mandamus by staying the effect and implementation of ex parte order dated 18.11.2023 passed by Ld. Opp. Party No.2 passed in Computerized Case No.T201810460207597 U/S 201, U.P. Land Revenue Act, 1901 titled as Awadhesh Kumar etc. Vs. Kamini Kaushal' (contained in Annexure No.5 to this Writ Petition), during the pendency of revision before Ltd. Opp. Party No.1. iii). to issue a writ, order or direction in the nature of mandamus to the Ld. Opp.party no.1 to hear and finally adjudicate the revision being case no.3716 of 2024 (C202410000003716) U/S 219 Land Revenue Act, 1901 titled as 'Kamini Kaushal Vs. Awadhesh Kumar and others; pending before it expeditiously."
Having considered the aforesaid matter, apparently an undisputed fact is that revision preferred by the petitioner is already pending before the revisional court wherein the order dated 17.9.2024 has been passed. The petitioner has also moved an application seeking implementation of the said order by means of his application dated
29.10.2024. The grievance of the petitioner is that the said application has not been considered. In the light of the aforesaid this Court is of the opinion that no gainful purpose would be served in keeping the petition pending and for the aforesaid reason, the notice to private respondent is dispensed with. Accordingly, this petition is disposed of finally with direction to the revisional court to consider and decide the pending application ( in case if not already decided) and after noticing as to whether there is any legal impediment. It is expected that the said application shall be decided, expeditiously preferably within a period of six weeks from the date a certified copy of this order is produced before the revisional court concerned. It is made clear that the court has not examined the case of either parties on merits and the court concerned shall decide the same strictly in accordance with law, after affording opportunity of hearing to the parties.
Order Date :- 4.6.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench