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2025 DAILYLAW 147921 (ALL)

PANKAJ KUMAR SINGH v. THE COMMISSIONER,DEVI PATAN MANDAL DISTT. GONDA AND 9 OTHERS

WRIC/6094/2025 · 2025-06-26

Alok Mathur, Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36566-DB Court No. - 2 Case :- WRIT - C No. - 6094 of 2025 Petitioner :- Pankaj Kumar Singh Respondent :- The Commissioner,Devi Patan Mandal Distt. Gonda And 9 Others Counsel for Petitioner :- Amitesh Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J. Heard Shri Amitesh Pratap Singh, learned counsel for the petitioner and learned Standing Counsel on behalf of respondents no.1 and 2. In view of the order proposed to be passed issuance of notice to private respondents is dispensed with. It has been submitted by the learned counsel for the petitioner that an application was preferred by the private respondents under Section 24 of the U.P. Revenue Code, 2006. Demarcation proceedings were carried out and the Sub Divisional Officer passed final orders on 25.3.2025 against which the petitioner has preferred an appeal no.857 of 2025 [Pankaj Kumar Singh vs. Binduwati alias Ramraji] which is pending before the Commissioner, Devi Patan Mandal, District Gonda. It has been submitted that interim relief application has not been considered till date while on the other hand the opposite parties are proceeding to demarcate the said land. In the aforesaid circumstances petitioner has approached this Court seeking direction to opposite party no.2 not to implement the order dated 25.3.2025 till the disposal of the appeal. It is noticed that the application for interim relief has already been filed by the petitioner in the appellate proceedings which are pending consideration before the Commissioner Devi Patan Mandal, Gonda and for the same relief he has approached this Court under Article 226 of the Constitution of India. It is noticed that when the petitioner has subjected himself to the appellate proceedings before the competent authority then for the same dispute parallel writ proceedings cannot be instituted for the same cause of action and accordingly the petitioner is relegated to his remedy before the Commissioner Devi Patan Mandal, Gonda. Considering the fact that the opposite parties are proceeding to implement the order dated 25.3.2025 it is provided that the interim relief application preferred by the petitioner in the appellate proceedings may be considered with expedition, say within a period of ten days from the date a certified copy of this order is presented before the appellate authority who would be at liberty to pass appropriate orders in accordance with law after giving full opportunity to the respondents. With the aforesaid observations, the writ petition stands disposed of. Order Date :- 26.6.2025 mks (Arun Kumar Singh Deshwal,J.) (Alok Mathur,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench