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2025 DAILYLAW 31768 (ALL)

BABITA TRIPATHI v. STATE OF U.P. AND 4 OTHERS

WRIC/8142/2025 · 2025-03-19

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41472 Court No. - 35 Case :- WRIT - C No. - 8142 of 2025 Petitioner :- Babita Tripathi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Amit Gupta,Sushil Kumar Tewari Counsel for Respondent :- C.S.C. 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 following relief :- "to issue a writ, order of direction in the nature of Certiorari quashing the impugned order dt. 06.03.2025 passed by the respondent No. 2 in Case No. 17/603 of 2018 (new Computerized Case No. T202407110301637), (Babita Tripathi Vs. Ram Sanehi), rejecting the application of petitioner for consolidation of Case No. 17/603 of 2018 (new Computerized Case No. T202407110301637) and Restoration Case No. T202507110300622 in Computerized Case No. T202307110304816 (Rama Singh Rathore Vs. Bachchu Devi and others), pending in the court of learned Naib Tehsildar Atarra, District Banda (respondent No. 2); b. issue a writ, order or direction in the nature of Mandamus commanding the respondent No. 2 to hear and decide the Case No. 17/603 of 2018 (new Computerized Case No. T202407110301637) U/S 34/35 of U.P. Revenue Code, 2006, Babita Tripathi Vs. Ram Sanehi and Restoration Case No. T202507110300622 in Computerized Case No. T202307110304816 Rama Singh Rathore Vs. Bachchu Devi and others, U/S 34/35 of U.P. Revenue Code, 2006 pending in the court of respondent No. 2) together, otherwise the petitioner would suffer irreparable loss and injuries;" 3. A preliminary objection has been raised by learned Standing Counsel that against the order impugned, petitioner has remedy of filing a revision under Section 210 of the U.P. Revenue Code, 2006. 4. In view of the same, I am not inclined to interfere with the matter. 5. Accordingly, this writ petition stands disposed of with liberty to the petitioner to avail the remedy, as available to him, under the law. Order Date :- 20.3.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad