PREM KUMAR AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIC/8706/2025 · 2025-04-01
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32686 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32686 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:48609 Court No. - 35 Case :- WRIT - C No. - 8706 of 2025 Petitioner :- Prem Kumar And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Shekhar Agnihotri Counsel for Respondent :- Bhawesh Pratap Singh,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 :-
"Issue a writ order or direction in the nature of Certiorari to quash the impugned order dated impugned order dated 11.03.2024 passed by Tehsildar in case No. 82/2023 (Computer Case No. T202307110106365) and the order dated 19.02.2025 passed by the Additional Commissioner Ist Band in case No. 593/24 (Computer Case No. C 202407000000593) (Annexure No 9 & 11 to this writ petition). B. Issue a writ order or direction in the nature of to mandamus Commanding the Tehsildar Banda Respondnet No. 3 to decide the withdrawal application dated 11.03.2023."
3. Contention of learned counsel for the petitioner is that petitioner moved an application for withdrawal of mutation application filed by the petitioner. On the said application, an order dated 11.3.2024 was passed by the concerned Tehsildar calling for a report from the Revenue Inspector and the objections filed by the opposite party was also taken on record. This order has been challenged by the petitioner in a revision which has also been dismissed by order dated 19.2.2025. 4. Learned Standing Counsel has raised an objection that petitioner has earlier approached this Court by means of Writ Petition No. 12255 of 2024 (Prem Kumar Singh and others vs. State of U.P. and others), praying for same relief. The said writ petition was disposed of by this Court vide order dated 16.4.2024 which is quoted as under :-
"1. Heard Sri Sarvjeet Singh Chauhan, learned counsel for the petitioners and Sri Anshul Nigam, learned Standing Counsel for the State-respondents no.1 to 4. 2. The present writ petition has been filed by the petitioner, inter alia, praying that a direction may be issued to respondent no.3 to decide the withdrawal application dated 23.02.2024 filed by the petitioner to withdraw the Mutation Case No. 6365/2023 (Computerized Case No. T202307110106365) (Prem Kumar Singh and others versus Kalyan Singh) under Section 35 of U.P. Revenue Code, 2006, pending before the Tehsildar, Tehsil Banda, District Banda. 3.
Learned counsel for the petitioner submits that at this stage, he is not pressing others reliefs as prayed for in the present writ petition. 4. Learned Standing Counsel has pointed out that the respondent no.5 has raised an objection dated 11.03.2024 against the aforesaid withdrawal application as contained in annexure no.7, however, he submits that he has no objection in case a direction is issued by this Court for expeditious disposal of the same. 5. In view of the nature of the order proposed to be passed, service of notice upon the respondent no.5 is dispensed with. 6. Taking into consideration the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping this writ petition pending. 7. Accordingly, without adverting on merits of the case and with the consent of the parties, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Tehsildar, Tehsil Banda, District Banda (respondent No.3), before whom the aforesaid withdrawal application dated 23.02.2024 is pending for disposal, to dispose of the same, strictly in accordance with law, by a reasoned and speaking order on merit after affording opportunity of hearing to the parties concerned and after taking into consideration the objections raised by the respondent no.5, expeditiously and preferably within a maximum period of three months from the date of receipt of a certified copy of this
order, unless there is any legal impediment. It is further directed that no unnecessary adjournments be granted to either of the parties and the adjournment, if prayed for, will be permissible to be granted only in exceptional circumstances.
8. With the aforesaid direction, the present writ petition is disposed of. "
5. Since the petitioner has filed the writ petition earlier for the same relief, now he wants to get the order passed by the Tehsildar implemented without disclosing the filing of Writ Petition No. 12255 of 2024 (Prem Kumar Singh and others vs. State of U.P. and others) and the orders passed therein.
6. In my view, the writ petition is not maintainable in view of Chapter XXII Rule 7 of the Allahabad High Court Rules.
7. Accordingly, the writ petition is dismissed.
Order Date :- 2.4.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad