VIRENDRA SINGH @ VIRENDRA PAL v. ADDITIONAL COMMISSIONER (JUDICIAL) AND 2 OTHERS
WRIC/9491/2025 · 2025-04-07
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35291 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35291 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:50673 Court No. - 35 Case :- WRIT - C No. - 9491 of 2025 Petitioner :- Virendra Singh @ Virendra Pal Respondent :- Additional Commissioner (Judicial) And 2 Others Counsel for Petitioner :- Santosh Kumar Yadav Counsel for Respondent :- Avinash Chandra Srivastava,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 quashing the impugned order 21.05.2024 passed by the Respondent no. dated Additional Commissioner (Judicial), Agra Division, 1/Agra rejecting the Stay Application filed by the petitioner in Revision No. 1160 of 2024 (Virenda Singh Vs. Gaon Sabha and others) under Section 210 of U.P. Revenue Code, 2006. "-contained in Annexure No. 1 and 2 to the Writ Petition); ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere in peaceful possession of petitioner over land consisting of Gata No. 200 area 0.202 Hectare and 325 area 445 Hecate situated in village Pal, Tehsil CoBhogaon, District Mainpuri and to maintain status He in respect of nature and possession of the same during the pendency of Revision No. 1160 of 2024 (Virendra Singh Vs. Gaon Sabha and others) under Section 210 of U.P. Revenue Code, 2006 before the Additional Commissioner (Judicial), Agra Division, Agra."
3. Contention of learned counsel for the petitioner is that patta was granted to the petitioner in the year 1981 and subsequently, bhumidhari rights were conferred also. In proceeding u/s 31/32 of the U.P. Revenue Code, 2006, revenue entry in favour of the petitioner has been expunged by the order dated 7.4.2024 even without issuing notices to the petitioner. The order dated 7.4.2024 has been challenged by the petitioner in revision being Revision No.1160/2024 which has been admitted but the application for interim relief has been rejected. It has been further contended by learned counsel for the petitioner that long stand entry cannot be expunged in summary proceedings under Section 31/32 of the U.P. Revenue Code, 2006. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this writ petition pending and a direction may be issued to respondent No.1 to consider and decide the above-mentioned revision filed by the petitioner. 5.
Accordingly, this writ petition stands disposed of with direction to respondent No.1 to decide the above-mentioned revision filed by the petitioner, in accordance with law, expeditiously, preferably within six months from the date of production of a certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. 6. Till disposal of the above-mentioned revision, the operation of order dated 7.4.2024 passed by the S.D.O. (Judicial) shall remain stayed. Order Date :- 8.4.2025/Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad