MISHRI LAL @ MISHREE LAL v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS
WRIC/8235/2025 · 2025-08-27
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160421 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160421 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8235 of 2025
Court No. - 5
HON'BLE ALOK MATHUR, J.
1. Heard Shri Ram Karan, learned counsel for the petitioner and learned Standing Counsel for the State respondents no.1 and 2. 2. In light of the proposed order, notice to private respondent no.3 is dispensed with. 3. The present petition has been filed for the following reliefs:
"i. Issue a writ, order or direction in the nature of Certiorari to quashing the impugned ex-parte judgment and order dated 20.01.2025 passed by the opposite party no. 2 i.e. Nayab Tehsildar Lucknow (P- 2), Tehsil-Sadar, District-Lucknow in case No- 44962/2024, computerized case по- T202410460244962 (Jagdei Vs Chandana @ Mahdei) Under section 34/35 of U.P. Revenue Code, 2006, contained as annexure no. 7 to this writ petition. ii. Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no. 2 to decide the restoration application dated 10.03.2025 Versus Counsel for Petitioner(s) : Ram Karan Counsel for Respondent(s) : C.S.C. Mishri Lal @ Mishree Lal .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others .....Respondent(s)
under section 209 of the U.P. Revenue Code 2006 filed by the petitioner (Mishri Lal Vs Smt. Jagdei) before them in mutation case (order dated 20.01.2025) with providing full opportunity of hearing to the petitioner in the interest of justice within a stipulated time as fit by the Hon'ble Court (contained as annexure No.- 10 to the writ petition) ii. Issue a writ order or direction in the nature of Mandamus commanding the opposite party no. 2 to pass an status-quo order during the pendency of the aforesaid restoration application with directing the opposite party no. 3 not to sale/mortgeze the property in question in mean time in the interest of justice."
4. Learned counsel for the petitioner at the very outset submits that he confines his prayers only to the prayer No. (ii) and does not wish to press the remaining prayers made in the petition. 5. It has been submitted by counsel for the petitioner that the present dispute pertains to succession to the property of Chandana @ Mahadei, who died on
30.08.2024. The respondent no.3 had moved an application under Section 34/35 of the U.P. Revenue Code before the Nayab Tehsildar Lucknow (P-2), Tehsil-Sadar, District-Lucknow which has been decided by means of order dated 20.01.2025.
The petitioner was not impleaded as a party and subsequently, on coming to know of the order dated 20.01.2025, the petitioner had moved an application for recall of the said order on
10.03.2025. It has been submitted that the matter is pending for last six months and no order has been passed while in the meanwhile, the private respondents are about the alienate the property and therefore, prays that a suitable directions may be given to opposite party no.2 to expedite the proceedings of application for recall. 6. Learned Standing Counsel does not object the prayer made by learned counsel for petitioner. 7. Accordingly, the opposite party no.2 i.e. Nayab Tehsildar Lucknow (P-2), Tehsil-Sadar, District-Lucknow is directed to expedite the proceedings of Case No.44962/2024, Computerized Case Nо.T202410460244962 (Jagdei Vs Chandana @ Mahdei) Under section 34/35 of U.P. Revenue Code, 2006, WRIC No. 8235 of 2025 2
expeditiously, say within a period of three months from the date a copy of this order along with the representation is produced before him, in accordance with law, after affording full opportunity of hearing to all the parties concerned. 8. With above observations, the writ petition is disposed of. August 27, 2025 KR
WRIC No. 8235 of 2025 3 (Alok Mathur,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench