SABYASANCHI TIWARI AND ANOTHER v. THE STATE OF U.P. AND 25 OTHERS
WRIC/6466/2025 · 2025-03-04
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25571 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25571 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31268 Court No. - 34 Case :- WRIT - C No. - 6466 of 2025 Petitioner :- Sabyasanchi Tiwari And Another Respondent :- The State Of U.P. And 25 Others Counsel for Petitioner :- Adya Prasad Tewari 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 writ petition has been filed for following relief: (i) issue a writ, order or direction in the nature of certiorari quashing the entire proceedings of proceedings of Case No.32045 of 2024, Computerized Case No.T202405310332045 Sabyasanchi Tiwari and another vs. Namita Banerjee arising out of a proceeding u/s 34/35, U.P. Revenue Code, 2006 on the basis of restoration application dated 13.02.2025 moved by the DGC (Revenue), Gorakhpur on behalf of the State of U.P. pending before the Naib Tehsildar Pipraich, Tehsil : Sadar, District : Gorakhpur as well as for quashing impugned ex-parte stay order dated 15.02.2025 passed by the Naib Tehsildar Pipraich, Tehsil : Sadar, District : Gorakhpur in the aforesaid case."
3. It has been contented by learned counsel for the petitioners that an order of mutation was passed in favour of the petitioners. A time barred recall application was moved by the State Government for recalling the order of mutation in favour of the petitioners and an interim order has been granted by the court below i.e. respondent no.5 staying the mutation order. It has been further contended that the interim order passed by the respondent no.5 is an ex parte order even without issuing notices to the petitioners. It has also been contended that the interim order has been passed without even condoning the delay in filing the recall application.
4. Be that as it may, since the proceedings are pending, the petitioners will have an opportunity to move an appropriate application for vacation of interim order granted by respondent no.5. In case, such an application is moved by the petitioner within a week from the date of certified copy of this order, then, the same shall be considered and decided in accordance with law after hearing all the parties within next four weeks by the respondent no.5.
5. With the above observations and directions, the writ petition is disposed of. Order Date :- 5.3.2025 Priya (Manish Kumar Nigam,J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad