SUSHIL SINGH @ SUSHIL KUMAR v. STATE OF U.P. AND 17 OTHERS
WRIC/6576/2025 · 2025-07-14
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26296 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26296 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:113642 Court No. - 34 Case :- WRIT - C No. - 6576 of 2025 Petitioner :- Sushil Singh @ Sushil Kumar Respondent :- State Of U.P. And 17 Others Counsel for Petitioner :- Gyanendra Kumar Mishra,Ramesh Kumar Mishra Counsel for Respondent :- C.S.C.,Chanchal Kumar Rai,Manoj Kumar Singh Hon'ble Rohit Ranjan Agarwal,J.
1. Learned counsel for the petitioner submitted that against the
order passed under Section 34 of U.P. Revenue Code, 2006, the private respondents had filed an appeal under Section 35(2) read with Section 207 of U.P. Revenue Code, 2006, which is pending
consideration. According to him, the order has been passed under Para 460 of the Revenue Code Manual against which appeal under Section 35(2) is not maintainable.
2. As the appeal is still pending consideration, no useful purpose would be served in keeping the matter pending or calling for counter affidavit or issuing notice to the private respondents at this stage. The writ petition is disposed of with a direction upon the appellate authority to proceed with the appeal and decide the same after considering the objection of the petitioner strictly in accordance with law, after hearing all affected parties, preferably within a period of three months from the date of production of certified copy of this order.
3. It is made clear that this Court has not adjudicated the matter on merits.
4. Sri Chanchal Kumar Rai, Advocate, is present for respondent No.5.
Order Date :- 15.7.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad