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2025 DAILYLAW 24800 (ALL)

RAMESHWAR (DECEASED) AND 4 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIC/6326/2025 · 2025-03-03

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30170 Court No. - 34 Case :- WRIT - C No. - 6326 of 2025 Petitioner :- Rameshwar (Deceased) And 4 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ravesh Kumar Singh Counsel for Respondent :- C.S.C.,Krishna Kant Singh Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the records. 2. This writ petition has been filed for the following reliefs: " I. Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 30.08.2024 passed by Additional Commissioner (Administration) Agra Division, Agra (Respondent No.2) as well as order dated 23.06.2006 passed by the Sub Divisional Magistrate, Etah (Respondent No.3) (Annexure No.6 and 2 to the writ petition respectively). II. Issue a writ order or direction in the nature of mandamus directing the respondents not to dispossess the petitioners from the land in question during the pendency of the present writ petition before this Hon'ble Court." 3. By the order impugned, ex-parte order passed in favour of the petitioners under Section 33/39 of the U.P. Land Revenue Act, 1901 has been set aside and the proceedings have been reopened. The revision filed by the petitioners has also been dismissed. 4. Learned counsel for the Gaon Sabha as well as learned Standing Counsel have raised a preliminary objection that since the proceedings are pending after the order impugned, the petitioners may contest the same on merits. 5. In view of the same, I am not inclined to interfere in the matter. 6. Since the proceedings are pending, it is expected that respondent No. 3- Sub-Divisional Magistrate, Etah, District- Etah shall consider and decide the aforementioned proceedings, expeditiously, preferably within a period of six months from the date of production of certified copy of this order after hearing all the concerned parties and giving a reasonable opportunity of leading evidence in respect of their case provided there is no other legal impediment. 7. According, the writ petition is disposed of. Order Date :- 4.3.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad