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2025 DAILYLAW 188240 (ALL)

SHAMBHU SINGH AND 4 OTHERS v. STATE OF U.P. AND 15 OTHERS

WRIC/4253/2025 · 2025-02-13

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Judgment text

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Neutral Citation No. - 2025:AHC:21670 Court No. - 34 Case :- WRIT - C No. - 4253 of 2025 Petitioner :- Shambhu Singh And 4 Others Respondent :- State Of U.P. And 15 Others Counsel for Petitioner :- Avatans Mishra,Ram Krishna Mishra,Ravi Prakash Chaurasiya Counsel for Respondent :- C.S.C.,Pradeep Singh Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for the following reliefs: "(a) issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 08.10.2024 and order dated 16.06.2016 passed by respondent No.2 Commissioner Vindhyachal Mandal Mirzapur (Contained as Annexure No.1 and 2 to this writ petition). (b) issue a writ, order or direction in the nature of Mandamus directing the respondents not to interfere with the peaceful possession of the petitioners in pursuance of the impugned orders." 3. By order dated 16.06.2016, Commissioner Vindhyachal Mandal, Mirzapur has set aside the order passed by Sub Divisional Magistrate dated 11.06.2015 and remanded the proceedings to Sub-Divisional Magistrate, Lalganj, District- Mirzapur. Against this order, the petitioner filed a restoration application which has been rejected by order dated 08.10.2024. 4. Against the order rejecting the restoration application, the petitioner has alternative remedy of filing revision, in case, he so desires and since the matter has only been remanded for decision afresh, the petitioner may also participate in the proceedings which are pending before the Sub-Divisional Magistrate, Lalganj, District- Mirzapur. 5. In view of the same, I am not inclined to interfere in the matter. 6. Accordingly, the writ petition is disposed of with liberty to the petitioner to avail the remedy as available to him under law. 7. Office is directed to return the certified copies of the documents annexed with the petition to learned counsel for the petitioners after retaining photocopy of the same on record. Order Date :- 14.2.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad