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2025 DAILYLAW 28713 (ALL)

SALEHA v. STATE OF U.P. AND 5 OTHERS

WRIB/929/2025 · 2025-03-10

J J Munir

body2025

Judgment text

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Court No. - 49 Case :- WRIT - B No. - 929 of 2025 Petitioner :- Saleha Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Aamir Nizam,Shabana Nizam Counsel for Respondent :- Aqeel Ahmad,C.S.C. Hon'ble J.J. Munir,J. Mr. S.N. Singh, Advocate has filed Vakalatnama on behalf of the petitioner today in Court. It is taken on record. Let it be numbered by the office. Heard Mr. S.N. Singh, learned counsel for the petitioner, Mr. Aqeel Ahmad, learned counsel appearing on behalf of respondent nos. 5 and 6 and the learned Standing Counsel appearing on behalf of the State. The impugned order dated 06.11.2024 is an interlocutory order by which an interim injunction, pending revision, has been granted. We are not inclined to interfere with the order impugned since the revision is pending before the Deputy Director of Consolidation, Azamgarh. At the same time, considering that the petitioner is a widow and the land now claimed by respondent nos. 5 and 6, who are brothers of her husband, is the only source of her livelihood, we direct that the Revision No. 638 of 2024 (Computerized Case No. 20245415600000638), Shahbaz vs. Saleha and others, under Section 48(1) of U.P. Consolidation of Holdings Act, 1953 shall be heard effectively at least three days in a week and decided within a period of three months. None of the parties shall seek adjournment unless imperative. Adjournment if necessary, shall be granted for a short period of time. The case shall not be adjourned by the Deputy Director of Consolidation on account of any resolution of the Bar asking its members to abstain from judicial work nor shall the case be adjourned by the Deputy Director of Consolidation on the pretext that he is busy with administrative work. The learned counsel appearing in the case shall disregard any resolution of the Bar of which they are member and assist the Court during the hearing of the case without fail. This petition is disposed of in terms of the aforesaid orders. Let this order be communicated to the Deputy Director of Consolidation, Azamgarh through the Civil Judge (Senior Division), Azamgarh by the Registrar (Compliance) within 24 hours. Order Date :- 11.3.2025 Brijesh Maurya Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad