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2025 DAILYLAW 16665 (ALL)

VIPIN TIWARI v. STATE OF U.P. AND 7 OTHERS

WRIC/4234/2025 · 2025-02-13

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21552 Court No. - 34 Case :- WRIT - C No. - 4234 of 2025 Petitioner :- Vipin Tiwari Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Satyendra Kumar Pandey Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Manish Kumar Nigam,J. 1. The instant petition has been filed for the following relief: "(a) Issue a writ, order or direction in the nature of certiorari for quashing the impugned order dated 01.07.2024 passed by the court of Sub-Divisional Magistrate, Bairia, District Ballia (Annexure No.5 of the writ petition); by which a direction to maintain status quo in respect of abadi land has been issued. (b) Issue a writ, order or direction in the nature of mandamus directing to the Sub-Divisional Magistrate, Bairia, District Ballia to dismiss the proceeding / suit registered as Computerized Case No.T202415090501596 (Poonam and others Vs. Vipin and others) filed under section 144 of U.P. Revenue Code, 2006 in respect of an abadi land, because only civil court is competent to settle such dispute of abadi land." 2. By the order impugned, an injunction directing the parties to maintain status quo has been granted by the trial court in proceedings under Section 144 of the U.P. Revenue Code, 2006. In case, the petitioner is aggrieved by the order impugned has a remedy of filing an application for vacation of interim order granted by the trial court. 3. In view thereof, I am not inclined to interfere in the matter. 4. The writ petition is disposed of with liberty to the petitioner, in case, if he so desires to file an application for vacation of interim order granted by the trial court. Order Date :- 14.2.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad