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2025 DAILYLAW 35975 (ALL)

SAMIT SINGH v. STATE OF U.P. AND 3 OTHERS

WRIC/9822/2025 · 2025-04-10

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53442 Court No. - 35 Case :- WRIT - C No. - 9822 of 2025 Petitioner :- Samit Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mushir Khan Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record. 2. The instant writ petition has been filed for the following relief: "to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 10.02.2025 passed by the Sub Divisional Magistrate, Kayamganj, District-Farrukhabad in Suit No.891/2025 (Vimla Devi Vs. Samit Singh and others), Computer Case No.T202503240200891, Under Section-207 U.P. Revenue Code, 2006 (Annexure No.1 to this writ petition)." 3. By order dated 28.03.2022, the proceedings of appeal pending before the S.D.M. were abated on the ground that revisional court has summoned the record. After disposal of the revision, an application for recall was moved and the same has been allowed by the order impugned. 4. In view of the above, no illegality has been committed by the court below rather the order abating the appeal was an order without jurisdiction and has to be recalled. 5. Accordingly, the writ petition is dismissed. Order Date :- 11.4.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad