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2025 DAILYLAW 27974 (ALL)

SANTOSH KUMAR v. STATE OF UP AND 3 OTHERS

WRIC/8302/2025 · 2025-03-20

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41682 Court No. - 35 Case :- WRIT - C No. - 8302 of 2025 Petitioner :- Santosh Kumar Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Neeraj Srivastava,Priyavrat Tripathi Counsel for Respondent :- C.S.C. 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:- "(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 21.02.2025. Passed by Respondent No. 2 in Revision case no. 00423/2019, Computer case no. C201907000000423, (Santosh Kumar vs Anuj Kumar and Others) u/s 210 of Uttar Pradesh Revenu Code - 2006. (b) Issue a writ order or direction in nature of certiorari quashing impunged order dated 07.06.2018. Passed by Respondent No. 3 3 in Restoration application filed in Case no 00346/2018 Computer Case No. T201807110300346 (Santosh Kumar vs Ram Kishor) u/s - 34 of Uttar Pradesh Revenu Code - 2006. (c) Issue a writ order or direction in the nature of mandamus commanding the respondent authorities not to interfere in the peaceful possession of the petitioners over disputed land" 3. Contention of learned counsel for the petitioner is that an order of mutation was passed in favour of the petitioner which has been recalled on a restoration application moved by the respondents. The order passed on the restoration application was challenged by the petitioner before the revisional court and the revision has also been dismissed. 4. Learned Standing Counsel submitted that since the proceedings are pending before the initial authority, no useful purpose would be served in keeping this petition pending and it would be in the interest of justice to direct the respondent No. 3 to consider and decide the proceedings within a time frame as may be fixed by this Court. 5. Accordingly, the writ petition is disposed of with liberty to the petitioner to contest the proceedings before the respondent No. 3- Tehsildar, Attar, Mandal-Chitrakoot Dham, Tehsil- Attara, District- Banda. Respondent No. 3 shall make every endeavour to 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. Order Date :- 21.3.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad