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2025 DAILYLAW 147534 (ALL)

SMT.SANGEETA DEVI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE ,LKO AND 4 OTHERS

WRIC/6051/2025 · 2025-06-25

Alok Mathur, Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36408-DB Court No. - 2 Case :- WRIT - C No. - 6051 of 2025 Petitioner :- Smt.Sangeeta Devi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue ,Lko And 4 Others Counsel for Petitioner :- Sunil Kumar Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Shri Sunil Kumar, learned counsel for petitioner, learned Standing Counsel for respondents no.1 to 4. 2. By means of this petition, the petitioner has prayed for following relief:- "i) Issue a writ, order or direction in the nature of Mandamus commanding thereby directing the opposite parties to not interfere in construction work of the petitioner over the land in question, in any manner, in the interest of justice." 3. The submission of learned counsel for the petitioner is that in view of the interim order dated 14.12.2021 passed by the SDM Kadipur, Sultanpur in a suit under Section 116 of the U.P. Revenue Code, the authorities are restraining him from raising any construction in Arazi No. 330ka village - Mudaha, Tehsil - Kadipur, District - Sultanpur. 4. The counsel for the petitioner further submitted that he has also moved recall application before the SDM to recall the status quo order dated 14.12.2021 passed by the SDM concerned. 5. In such view of the matter, a prayer sought by the petitioner cannot be granted so long as the interim order passed in the suit under Section 116 of the U.P. Revenue Code is existing. 6. However, it is directed to concerned SDM to consider the recall application filed by the petitioner to recall the stay order passed in the suit under Section 116 of the U.P. Revenue Code. 7. In view of the aforesaid observation, the petition is disposed of. 8. It is needless to mention that the aforesaid recall application shall be decided by the SDM concerned in view of law laid down in the case of Daya Shankar Upadhayaya vs State Of U.P. and Others reported in 2023 (6) ADJ 181. (Arun Kumar Singh Deshwal,J.) (Alok Mathur,J.) Order Date :- 25.6.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench