C/M, A.G.HASHMI INTER COLLEGE ASSOCIATION, BALRAMPUR THRU.MANAGER MOHD.QUASIM ANWAR HASHMI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE DEPTT., LKO. AND OTHERS
WRIC/12070/2025 · 2025-12-19
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198408 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198408 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 12070 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J.
1. Heard Sri R.K. Tripathi, learned counsel for petitioner as well as learned Standing Counsel for State-respondent nos. 1 to 6. 2. It has been submitted by learned counsel for petitioner that dispute in the present case pertains to Gata No. 1700 Mi, Village Sadulla Nagar, Tehsil Utraula, District Balrampur and that present proceedings U/S 38 (1) of U.P. Revenue Code was decided by S.D.M., Utraula by means of order dated 02.06.2023 which order was assailed before Board of Revenue in revision. The Board of Revenue by means of order dated 02.06.2023 had remanded the matter back to the Sub-Divisional Officer where liberty was given to the petitioner to move an application for recall. 3. In pursuance of the order dated 02.06.2023, the petitioner has already filed an application for recall which is pending before Sub-Divisional Officer and in the present writ petition, it has been submitted that during pendency of the recall application, the respondents are proposed for construction of a mini stadium. 4. Learned Standing Counsel on the other hand has opposed the writ petition but does not dispute the aforesaid facts and submits that the recall application already pending before the Sub-Divisional Officer and therefore prayed for dismissal of the writ petition. Versus Counsel for Petitioner(s) : Rajeiu Kumar Tripathi, Bharat Lal Mishra Counsel for Respondent(s) : C.S.C., Pankaj Gupta C/M, A.G.Hashmi Inter College Association, Balrampur Thru.Manager Mohd.Quasim Anwar Hashmi .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt., Lko. And Others .....Respondent(s)
5. Considering the rival contention of the parties and specially that the application for recall of the petitioner is already pending before Sub- Divisional Officer, it is provided that in the said proceedings before the Sub-Divisional Officer, the petitioner shall give an application for interim relief within next ten days from today which may be considered and decide by by the said authority within two weeks thereafter by reasoned and speaking order in accordance with law. 6. Till decision on the application of the petitioner for interim relief, the parties shall maintain status quo in respect of disputed property. 7.
It is made clear that once the order is passed is passed by the Sub- Divisional Officer on the application of interim relief, the protection granted by this Court shall cease to exist. 8. In view of the aforesaid observations / directions, the writ petition stands disposed of. December 19, 2025 Ravi/ WRIC No. 12070 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench