ALLAUDDIN AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS
WRIC/5725/2025 · 2025-02-26
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23417 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23417 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:28208 Court No. - 34 Case :- WRIT - C No. - 5725 of 2025 Petitioner :- Allauddin And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aditya Mishra,Sharda Prasad Mishra,Subhash Chandra Maurya Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"To issue writ, order or direction in the nature of certiorari calling for the record and quash the impugned orders dated 05.07.2014 in case no. 339 of 2014, order dated 12.11.2022 in case no. 339 of 2016 computerized case no. T201914700208231 and
order dated 10.01.2025 case no. RST/2255 OF 2023 Computerized case no. T202314700202255 (Report Lekh pal vs Allauddin and others) under section 122B of U.P.Z.A.L.R Act, passed by the assistant collector/Tehsildar, Pindra, Varanasi. (ii) To issue a writ, order or direction in the nature of the mandamus to direct the respondent authority to not interfere in the peaceful possession of the Petitioners in the property in question.."
3. Contention of learned counsel for the petitioners is that on 10.1.2025, an ex parte order under Section 67 of the U.P. Revenue Code, 2006 has been passed against the petitioner. On the very same date, petitioners have moved an application for recalling the said order and the aforesaid application is pending. It has been further submitted by learned counsel for the petitioners that despite pendency of the restoration application, respondents have demolished the constructions of petitioners and now there is apprehension of petitioners to dispossess them from the property in dispute.
4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this writ petition pending.
5. In view of the above, respondent No.4 is directed to decide the restoration application, expeditiously, in accordance with law after ensuring notice of service upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment.
6. Till disposal of the restoration application, parties are directed to maintain
status quo and the petitioners may not be dispossessed. However, it is further provided that petitioners will not seek any adjournment in the restoration proceedings. In case adjournment is sought by the petitioners, interim protection granted by this Court, shall automatically be vacated.
Order Date :- 27.2.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad