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2025 DAILYLAW 198282 (ALL)

REKHA RAWAT AND 3 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. REVENUE DEPTT., LKO. AND OTHERS

WRIC/9559/2025 · 2025-10-06

S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9559 of 2025 Court No. - 20 HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Shri Yogendra Nath Yadav, learned counsel for the petitioners and Shri Hasan Agha Jafri, learned Standing Counsel for the State- respondents No. 1 to 4. 2. Notice on behalf of Land Management Committee/ respondent No. 5 has been accepted by Shri Dilip Kumar Pandey, Advocate. 3. Taking into consideration the nature of proposed relief, issuance of notice to the respondent No. 6 is hereby dispensed with. 4. By means of the present writ petition, the petitioners have assailed the interim order dated 22/07/2025 passed by the Sub Divisional Officer, Tehsil- Sarojini Nagar, District- Lucknow, passed under Section 35(2) of the U. P. Revenue Code, 2006 in Case No. 26303/2025 (Pancham versus Smt. Rekha and others). 5. The contention of the learned counsel for the petitioners is that the impugned order, by means of which the operation of the order dated 30/08/2024 passed under Section 34 of the U. P. Revenue Code, 2006 has been stayed, was passed without affording any opportunity of hearing to the petitioners. He contends that the respondent No. 6, on the basis of misconceived facts, obtained interim order in his favour, behind the back of the petitioners. He further submitted that the validity of the sale deed, on the basis of which the entire mutation proceedings were carried out, Versus Counsel for Petitioner(s) : Yogendra Nath Yadav, Saurabh Yadav Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Rekha Rawat And 3 Others .....Petitioner(s) State Of U.P. Thru. The Prin. Secy. Revenue Deptt., Lko. And Others .....Respondent(s) attained finality vide order dated 14/03/2023 passed by the Court of Learned Additional Civil Judge (Junior Division) Court No. 47, Lucknow, in Case No. 1070 of 2022. 6. Per contra, the learned Standing Counsel raised serious objections regarding the entertainability of the writ petition, primarily on the ground that the Appeal under Section 35(2) the U. P. Revenue Code, 2006 is pending before the learned Court of Sub Divisional Officer, Tehsil- Sarojini Nagar, District- Lucknow / respondent No. 2 and the petitioner is having sufficient opportunity before the court concerned by taking recourse as per law by preferring objection/ application for the vacation of the said interim order. 7. 7. The learned counsel for the petitioner did not dispute the fact that the appeal No. 26303 of 2025 is pending before the learned Court of Sub Divisional Officer, Tehsil Sarojini Nagar, District Lucknow/ respondent No. 2. 8. This Court is of the view that no fruitful purpose would be served in keeping this petition pending, therefore, the same is being disposed of at the admission stage itself considering the aforesaid facts and circumstances of the case. 9. Therefore, without entering into the merits of the case, this writ petition is disposed of with the direction to the petitioners to file a detailed objection/ application against the order dated 22/07/2025 passed in Appeal No. 26303 of 2025 before the Sub Divisional Officer, Tehsil- Sarojini Nagar, District- Lucknow i.e. respondent No. 2, within a period of two weeks from today inter alia raising all grounds and pleas that are available to them, and the Sub Divisional Officer (respondent No. 2) shall consider and decide the same by a reasoned order within a period of four weeks from the date of receipt of the said objection/ application, after affording due opportunity of hearing to the parties concerned strictly in accordance with law. October 6, 2025 (Manoj K.) WRIC No. 9559 of 2025 2 (Syed Qamar Hasan Rizvi,J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench