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2025 DAILYLAW 23920 (ALL)

RANDHIR SINGH AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/6085/2025 · 2025-03-02

Manish Kumar Nigam

body2025

Judgment text

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Court No. - 34 Case :- WRIT - C No. - 6085 of 2025 Petitioner :- Randhir Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pawan Kumar Singh,Vijay Kumar Ojha 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 :- "Issue a writ order or direction in the nature of certiorari quashing the notice/order dated 13.02.2025 passed by the respondent no.3 (contained as annexure no.1 to this writ petition) whereby the petitioner no.1 has been directed to remove the encroachment from the land of School farm within a week in failure to removal of the encroachment, it will be removed by using force and the removal charges will be recovered from him. II. Issue a writ order or direction in the nature of mandamus commanding the respondents not to remove the tube well of the petitioner situated over the plot no.231 in village Shekhanpur Tehsil Kasimabad District-Ghazipur till the diposal of the recall/restoration application pending before the Tehsildar Kasimabad District-Ghazipur." 3. Contention of learned counsel for the petitioner is that an ex parte order under Section 67 of the U.P. Revenue Code, 2006 has been passed against the petitioner on 18.12.2024. It has been further submitted by learned counsel for the petitioner that no notice has been served upon the petitioner. After coming to know about the order passed, petitioner filed a recall application on 7.1.2025 for recalling the order dated 18.12.2024. Learned counsel prayed that the aforesaid restoration application is still pending and has not been decided till date. During pendency of restoration application, order has been passed on 13.2.2025 by respondent No.3 for possession. 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.3 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. However, it is further provided that petitioner will not seek any adjournment in the restoration proceedings. In case adjournment is sought by the petitioner, interim protection granted by this Court, shall automatically be vacated. Order Date :- 3.3.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad