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2025 DAILYLAW 35914 (ALL)

BALGOVIND SINGH v. STATE OF U.P. AND 7 OTHERS

WRIC/10854/2025 · 2025-04-27

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64745 Court No. - 35 Case :- WRIT - C No. - 10854 of 2025 Petitioner :- Balgovind Singh Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Keshawa Prasad Pandey,Krishna Chandra Pandey Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the records. 2. This writ petition has been filed for the following reliefs: "i. Issue a writ, order of direction in the nature of certiorari for quashing the Case No. T2017022543033781 under section 24 of U.P. Revenue Code, 2006 and another unnumbered suit filed by the respondent no. 4 to 8 dated 06.11.2023 under section 24 of U.P. Revenue Code, 2006 filed by the respondent no.4 to 8 as barred by Section 11 of C.P.C. ii. Issue any other writ, order or direction in the nature of mandamus directing the respondent no.2 to conclude the entire proceeding of the Case No. 108/2013/14 within a period of three months." 3. Learned Standing Counsel has submitted that petitioner has challenged the proceedings of two cases filed by the respondents under Section 24 of the U.P. Revenue Code, 2006 on the ground that the same are not maintainable. It has been further submitted by learned Standing Counsel that in case, the petitioner has any grievance with the aforesaid cases, he may file his objections including objection as to maintainability of the proceedings. 4. In view of the same, I am not inclined to interfere in the matter. 5. Accordingly, the writ petition is disposed of with liberty to the petitioner to move objection before respondent No. 2- Sub Divisional Officer, Tehsil- Khaga, District Fatehpur regarding maintainability of the proceedings and in case, such an objection is filed, the same shall be considered and decided by respondent No. 2, in accordance with law, after providing opportunity of hearing to all the parties concerned. Order Date :- 28.4.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad