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2025 DAILYLAW 16938 (ALL)

SABIR v. STATE OF U.P. AND 12 OTHERS

WRIC/4137/2025 · 2025-03-17

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38408 Court No. - 35 Case :- WRIT - C No. - 4137 of 2025 Petitioner :- Sabir Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Sanjay Kumar Pandey Counsel for Respondent :- Arun Kumar Pandey,C.S.C.,Dharm Vir Jaiswal,Harsh Vikram Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This petition has been filed for the following relief: "i) issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 16.12.2024 passed by the respondent No. 2 in Case No. 2319 of 2023 (Computerized Case No. C202313000002319) (Sabir Vs. Divyanshu Chaudhary and others) Under Section 210 U.P. Revenue Code, 2006 and order dated 26.09.2023 passed by the respondent No. 3 in Case No. 2627 of 2023 (computerized Case No. T202313540502627) (Sabir Vs. Divvyanshu and others) under Section 35(2) of U.P. Revenue Code, 2006 as well as order dated 05.01.2023 passed by the respondent No. 4 in Case No. 5307 of 2022 (Computerized Case No. T202213540505307) (Divvyanshu Chaudhary Vs. Hakam Ali) under Section 34 of U.P. Revenue Code (Annexure No. 1 to this writ petition)." 3. The orders impugned have been passed in proceedings under Section 34/35 of U.P. Revenue Code, 2006. It is admitted position that the petitioner has already filed a suit under Section 144 of U.P. Land Revenue Act wherein an interim order has been granted in favour of the petitioner. 4. Since proceedings under Section 34 of the U.P. Land Revenue Act are summary in nature and only for fiscal purposes and do not decide rights of parties in view of judgment passed in case of Smt. Kalawati vs. Board of Revenue reported in 2022 4 ADJ 578, I am not inclined to interfere in the matter. 5. Accordingly, the writ petition is disposed of with liberty to the petitioner to pursue the suit which he has already filed. 6. It is needless to say that the findings recorded by the mutation court will not come in the way in entertaining the suit filed by the petitioner. 7. Since the suit has already been filed and Shri R. C. Singh, learned Senior Counsel for the petitioner states that opposite parties have appeared, it is directed that the aforementioned suit be decided, in accordance with law, expeditiously, preferably within a period of one year from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned as well as opportunity to lead evidence in support of their case and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 18.3.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad