VIJAYPAL ALIAS VIJAYPAL SINGH v. STATE OF U.P. AND 6 OTHERS
WRIC/6464/2025 · 2025-03-04
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24662 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24662 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:31253 Court No. - 34 Case :- WRIT - C No. - 6464 of 2025 Petitioner :- Vijaypal Alias Vijaypal Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Abhai Kumar Singh,Achal Kumar Singh Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.
2. The instant writ petition has been filed for the following relief:
"(i) Issue an order or direction in the nature of certiorari to quash the impugned order dated 29.01.2025 passed by respondent no.2 in Case No.194 of 2025 (Computerized Case No.C202511000000194) Vijaypal @ Vijaypal Singh Vs. Sanjay Kumar and others under Section 210 of U.P. Revenue Code, 2006 and impugned order dated 04.12.2024 passed by respondent no.3 in Case No.6518 of 2022 (Computerized Case No. T202211280306518) Vijaypal Vs. Sanjay Kumar under Section 116 of U.P. Revenue Code, 2006 and further be pleased to stay the further proceeding of Case No.6518 of 2022 (Computerized Case No.T202211280306518) Vijaypal Vs. Sanjay Kumar under Section 116 of U.P. Revenue Code, 2006."
3. Contention of the learned counsel for the petitioner is that a preliminary decree was passed on 21.03.2023 against which a restoration application was filed and the restoration application was allowed. The revision filed against the said order has also been rejected. It has been contended by learned counsel for the petitioner that delay has been wrongly condoned.
4. In my view, No illegality has been committed by the court below specially for the reason once the matter is pending after the order passed on restoration application, the petitioner will have the liberty to contest the same before the trial court.
5. The writ petition is disposed of with a direction to respondent no.3 to decide the Case No.6518 of 2022 within a period of four months from the date of production of certified copy of this order after providing opportunity of hearing and opportunity of evidence to all the parties and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment.. Order Date :- 5.3.2025 Priya (Manish Kumar Nigam,J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad