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2025 DAILYLAW 25097 (ALL)

SMT NIRMALA DEVI v. STATE OF UP AND 2 OTHERS

WRIC/6648/2025 · 2025-03-17

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38490 Court No. - 35 Case :- WRIT - C No. - 6648 of 2025 Petitioner :- Smt Nirmala Devi Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Yashwant Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant petition has been filed for the following relief: "A. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 27/01/2025 passed by the Naib Tehsildar, Hata Tehsil Hata, District Kushinagar in Case No.726/2025, Computerized Case No. T202505440200726 (Nirmala Vs. Prahlad), u/s 35 U.P. Revenue Code, 2006, whereby stayed the effect and operation of the mutation order dated 05/01/2007 till disposal of the restoration application, (Annexure No.1 to this writ petition). B. Issue a writ, order or direction in the nature of mandamus commanding and directing the Respondent No.2 not to interfere in the peaceful possession of the petitioner over the land Arazi No.289, Area 39 Dismile, situated in Village Mujahana Hetim, Tehsil Hata, District Kushinagar. C. Issue a writ, order or direction in the nature of mandamus commanding and directing the Respondent No.2 to decide the restoration application filed by the Respondent No.3 dated 24/08/2019 before the Respondent No.2 (Naib Tehsildar, Hata Tehsil Hata, District Kushinagar), within stipulated period as may be fixed by this Hon'ble Court." 3. By the impugned order, an order of mutation passed in favour of the petitioner on the basis of a will executed by brother-in-law has been stayed. 4. Since, the restoration application is pending, I am not inclined to interfere in the matter. 5. The writ petition is disposed of with liberty to the petitioner to file her objections to the restoration application. In case, such objection is filed by the petitioner, the same shall be considered and decided in accordance with law, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order after ensuring service upon all the respondents and after giving opportunity of hearing to the parties concerned provided that there is no other legal impediment. Order Date :- 18.3.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad