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2025 DAILYLAW 14567 (ALL)

BHAIYA LAL v. STATE OF U.P. AND 4 OTHERS

WRIC/3343/2025 · 2025-02-13

Manish Kumar Nigam

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:20480 Court No. - 34 Case :- WRIT - C No. - 3343 of 2025 Petitioner :- Bhaiya Lal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ramesh Kumar,S.S. Sharma Counsel for Respondent :- C.S.C.,Deepak Gaur,Ramanand Gupta Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for the following reliefs:- "A). Issue a writ, order or direction in the nature of the CERTIORARI quashing the impugned orders dated 29.07.2024, 09.09.2024 passed by Sub Divisional Magistrate, Tehsil-Talbehát, District Lalitpur in Suit No. 28 of 2022 (Ram Sahay Versus Bhaiyalal and Others) Computerized Case No. T202206450200028), under Section 144 U.P. Revenue Code-2006 (Annexure No. 5 and 8 of the writ petition) and impugned order dated 09.12.2024 passed by Additional Commissioner (Administration), Jhansi Mandal Jhansi in Case No. 884 of 2024 (Bhaiyalal Versus Ram Sahay and Others) under Section 210 of U.P. Revenue Code-2006 (Annexure No. 10 of the writ petition). B). Issue a writ, order or direction in the nature of MANDAMUS commanding and directing the respondents not to given the effect to the impugned orders dated 29.07.2024, 09.09.2024 passed by Sub Divisional Magistrate, Tehsil-Talbehat, District Lalitpur impugned order dated 09.12.2024 passed by Additional Commissioner (Administration), Jhansi Mandal Jhansi." 3. Contention of learned counsel for the petitioner is that petitioner was defendant in the suit under Section 144 of the U.P. Revenue Code, 2006. The petitioner appeared in the suit and filed his written statement denying the claim of respondent No. 4. On an application moved by respondent No. 4 for interim injunction, an ex-parte order has been passed against the petitioner. It is further contended that the petitioner moved a recall application and the same was rejected and the revision filed against the said recall order, has also been rejected. 4. Since an order of interim injunction has been passed, the petitioner has remedy for filing an application for vacation of the interim injunction granted by the trial court under the provisions of Order 39 C.P.C. In case, such an application for vacation of interim order is filed by the petitioner within ten days from today, the same shall be considered and decided by the trial court within next four weeks. 5. With these observations, the writ petition is disposed of. Order Date :- 13.2.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad