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2025 DAILYLAW 145742 (ALL)

RAJNEESH DHAR DWIVEDI AND 5 OTHERS v. STATE OF U.P. THRU. SECY. REVENUE LKO. AND 8 OTHERS

WRIC/5850/2025 · 2025-06-17

Attau Rahman Masoodi, Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35665-DB Court No. - 1 Case :- WRIT - C No. - 5850 of 2025 Petitioner :- Rajneesh Dhar Dwivedi And 5 Others Respondent :- State Of U.P. Thru. Secy. Revenue Lko. And 8 Others Counsel for Petitioner :- Vivek Raghubanshi Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the State. 2. It appears that an appeal arising out of the order dated 13.5.2025 passed by the court of Sub-divisional Magistrate under Section 209(Ja) of the U.P. Revenue Code, 2006 is pending before the appellate court. Simultaneous to the pendency of the mutation proceedings, the petitioners have also instituted a suit feeling aggrieved against the gift deed on the basis of which the mutation proceedings were initiated. The civil suit is also pending. 3. The relief against an alienation or transfer of the disputed property which has been prayed for herein this writ petition cannot be granted firstly on account of the pendency of the civil proceedings before the competent civil/revenue court and secondly for the fact that the dispute being essentially in the nature of civil dispute between the parties would not lie in a writ proceedings under Article 226 of the Constitution of India. 4. Thus, the present writ petition not being maintainable before this Court is accordingly dismissed with the liberty open to the petitioner to avail the appropriate remedy in the pending proceedings for appropriate direction/order. . [Subhash Vidyarthi,J.] [Attau Rahman Masoodi, J.] Order Date :- 17.6.2025 kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench