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Neutral Citation No. - 2025:AHC:39445 Court No. - 35 Case :- WRIT - C No. - 7874 of 2025 Petitioner :- Dina Nath Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Nikhil Kumar,Vagish Yadav Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record. 2. The instant writ petition has been filed for the following relief:
"(a) issue a writ, order or direction in the nature of certiorari calling for the record of the case and quash the Order dated 01.06.2023 and 26.04.2023 respectively passed by the respondent no.3 in case no. 771 of 2023 (Computerized case No. C202314000000771) (Upendra Nath Singh Vs. Dina Sing and others) under section 24(4) of U.P. Revenue Code, 2006, pending before the respondent no.3 (Annexure-1 & 2 to this Writ Petition). (b) issue a writ, order or direction in the nature of mandamus commanding the respondent no.3 to decide the case no. 771 of 2023 (Computerized case No. C202314000000771) (Upendra Nath Singh Vs. Dina Sing and others) under section 24(4) of U.P. Revenue Code, 2006 in a time bound manner preferably within a period of one month. 3. Contention of the learned counsel for the petitioner is that against the order passed under Section 24 of the U.P. Revenue Code, 2006 in favour of the petitioner, a time barred appeal was filed in which an interim order has been granted on
01.06.2023. 4. Since, the appeal is pending and the interim order has been granted by the appellate court, the petitioner has remedy of filing application for vacation of interim relief. 5. In view of the above, I am not inclined to interfere in the matter. 6. Accordingly, the writ petition stands disposed of with liberty to the petitioner to approach the appellate court for redressal of his grievance by moving an application for vacation of interim order. 7. In case, the petitioner moves an application for vacation of interim order, before appropriate authority, the same shall be decided preferably within a period of
twelve weeks from the date of production of a certified copy of this order after ensuring service upon all the opposite parties and giving opportunity of hearing to the parties concerned. 8.
It is also expected that respondent No. 3 shall consider and decide the aforementioned appeal, in accordance with law, expeditiously, preferably within a period of next six months from the date of production of a certified copy of this
order after ensuring service upon all the opposite parties and giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment.
Order Date :- 19.3.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad