RAJBEER SINGH AND 2 OTHERS v. STATE OF U.P. AND 7 OTHERS
WRIC/6812/2025 · 2025-03-06
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27263 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27263 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:33251 Court No. - 34 Case :- WRIT - C No. - 6812 of 2025 Petitioner :- Rajbeer Singh And 2 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Pawan Singh Pundir Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking followign relief :-
"Issue a writ, order or direction in the nature of certiorari quashing the impugned
order dated 20.02.2025 passed by respondent No.3 in Suit/Case No. T201809720500997 (Ajab Singh & others vs. Rajbeer Singh & others) (Annexure-8 to the writ petition)."
3. The order under challenge in the writ petition is an order passed in execution proceedings.
4. Contention of learned counsel for the petitioners is that during pendency of the second appeal from the decree, the order for execution has been passed.
5. On a query being made by this Court, it has been informed by learned counsel for the petitioner that in second appeal, no interim order has been granted to the petitioners.
6. Learned Standing Counsel has raised a preliminary objection that against the order impugned, petitioners have a remedy of filing a revision under Section 210 of the U.P. Revenue Code, 2006.
7. In view of the same, I am not inclined to interfere with the matter.
8. Accordingly, this writ petition stands disposed of with liberty to the petitioners to avail the remedy, as available to them, under the law or they may move appropriate application for grant of interim order in the second appeal. In case such an application is moved, the same shall be considered and decided by the second appellate authority, expeditiously, preferably, within four weeks from the date of production of a certified copy of this order after ensuring service of notice upon all the respondent and after providing opportunity of hearing to all the concerned parties provided there is no other legal impediment.
Order Date :- 7.3.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad