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2025 DAILYLAW 35913 (ALL)

ISHRAWATI AND ANOTHER v. STATE OF UTTAR PRADESH AND 4 OTHERS

WRIC/10380/2025 · 2025-04-08

Manish Kumar Nigam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 35 Case :- WRIT - C No. - 10380 of 2025 Petitioner :- Ishrawati And Another Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Manoj Kumar Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The writ petition has been filed for the following reliefs:- "a. Issue a writ order or direction in the nature of certiorari to quash the orders dated 28.07.2017 and the order dated 08.03.2018 passed by the Tehsildar (Judicial), Tehsil-Sadar District- Azamgarh in case no. T2017156570 "Report Vs Lal Chand". b. Issue a writ order or direction in the nature of mandamus commanding and directing the respondents not to interfere in the possession of the petitioner." 3. Contention of learned counsel for the petitioners is that ex-parte proceedings under Section 67 of the U.P. Revenue Code, 2006 were initiated against the father of the petitioners and the same were decided on 20.07.2017. The petitioners filed a restoration application, which was dismissed on 08.03.2018. Against which the petitioners filed two appeals and the same are pending before respondent No. 3. It has been contended by counsel for the petitioners that order passed under Section 67(2) of the U.P. Revenue Code, 2006 are subject to the orders passed under Section 67(5) of the U.P. Revenue Code, 2006. It has also been contended that the proceedings under Section 67(2) were decided against the father of the petitioners, who died in the year 2016. Now during the pendency of appeals, the respondents are trying to execute the order passed by the Tehsildar. 4. Learned Standing Counsel submits that no useful purpose would be served in keeping this petition pending and it would be in the interest of justice to direct the appellate courts to decide the appeals filed by the petitioners within a time frame as may be fixed by this Court. 5. In view of the same, respondent No. 3- Chief Revenue Officer, District-Azamgarh is directed to consider and decide the appeals filed by the petitioners expeditiously, preferably, within a period of six months from the date of production of a certified copy of this order after 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. 6. Accordingly, this writ petition stands disposed of. 7. Till the disposal of appeals, parties are directed to maintain status quo. Order Date :- 9.4.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad