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2025 DAILYLAW 29972 (ALL)

SHAKIR ALI v. STATE OF U.P. AND 2 OTHERS

WRIC/7751/2025 · 2025-03-17

Manish Kumar Nigam

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:38165 Court No. - 35 Case :- WRIT - C No. - 7751 of 2025 Petitioner :- Shakir Ali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Buddhi Prakash Counsel for Respondent :- Arun Kumar Pandey,C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This petition has been filed for the following relief: "I. a writ, order or direction in the nature of certiorari quashing the impugned notice dated 28.10.2023, issued by Assitant Collector/Tehsil Tehsil- Thakurdwara, District Moradabad, in Case No.5041 of 2023 Computerized Case No. T202313540505041 (Gaon Sabha Versus Shakir Ali) uner Section 67A of U.P. Revenue Code, 2006, (Annexure No. 3). II. a writ, order or direction in the nature of mandamus directing the respondent no. 2 to decide the Case No. 5041 of 2023 Computerized Case No. T202313540505041 (Gaon Sabha Versus Shakir Ali) plot no. 409Ka min. area 0.198 hectare, situated in Village-Jatpura, Tehsil- Thakurdwara, District-Moradabad." 3. Learned counsel appearing for Gaon Sabha and learned Standing Counsel has raised preliminary objection that the petitioner has challenged a notice issued to the petitioner under Section 67 of the U.P. Revenue Code, 2006. Learned Standing Counsel further submitted that the petitioner has already filed objections to the said proceedings. 4. Since the proceedings are pending before the court below and the petitioner has appeared and filed his objections, it is expected that the same shall be considered and decided in accordance with law after providing opportunity of hearing to the parties concerned concerned as well as opportunity to lead evidence in support of their case and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. 5. With the aforesaid observation, the writ petition stands disposed of. Order Date :- 18.3.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad