AADITYA AND 2 OTHERS v. STATE OF U.P. AND 9 OTHERS
WRIC/4706/2025 · 2025-05-20
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18029 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18029 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:85120 Court No. - 35 Case :- WRIT - C No. - 4706 of 2025 Petitioner :- Aaditya And 2 Others Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Panchu Ram Maurya,Shashank Maurya Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.,I. N. Singh,Uday Nath Upadhyay Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. The instant writ petition has been filed for the following relief:
"A writ order or direction in the nature of CERTIORARI to quash the impugned
judgment and order dated 22.09.2015 passed by Nayab Tehsildar, Tehsil Jalhupur, Varanasi (Respondent no. 3) in Case No. 621 and 622 of 1993 (Aditya and others Vs. Bihari) under Section 34 of U.P. Land Revenue Act (Annexure No. 1 to this writ petition) and order dated 19-12-2024 passed by Additional Commissioner (Administration) Varanasi Mandal Varanasi (Respondent No.2) in Case No. 24 of 2016 (Computerized Case No. C201614000024) (Aaditya Vs. Kailash Nath) Under Section 219 of U.P. Land Revenue Act, 1901 (Annexure No.2 to this writ petition)."
3. By the order impugned dated 22.09.2015 passed by respondent no. 3, restoration application filed by respondent nos. 6 & 7 has been allowed. The revision filed by the petitioner against the said order has been rejected.
4. Since the proceedings for mutation has been reopened and both the parties have their rights to contest the same on merits, I am not inclined to interfere in the matter.
5. Without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No. 3 to consider and decide the mutation application filed by the petitioner, in accordance with law, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order after ensuring service upon all the opposite parties and 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 :- 21.5.2025/Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad