SHANTI DEVI PREM NARAYAN DHARMARTH SEVA SANSTHAN v. STATE OF UP AND 7 OTHERS
WRIC/10399/2025 · 2025-04-16
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37164 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37164 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:56281 Court No. - 35 Case :- WRIT - C No. - 10399 of 2025 Petitioner :- Shanti Devi Prem Narayan Dharmarth Seva Sansthan Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Rajan Upadhyay,Shreya Gupta,Sr. Advocate Counsel for Respondent :- Anurag Singh,C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard Shri R.C. Upadhyay, learned Senior Counsel assisted by Shri Rajan Upadhyay & Ms. Shreya Gupta, learned counsel for the petitioner, Shri Abhishek Shukla, learned Additional Chief Standing Counsel for State-respondents, Shri Anurag Singh, learned counsel for respondent nos. 7 & 8 and perused the record. 2. This writ petition has been filed for the following relief:
"(i) Issue a writ, order or direction in the nature of certiorari to quash the proceedings of case no. 135 of 1992, 1766 of 2010, 2515 of 2015 and 10303 of 2024 pending in the court of Naib Tehsildar, Tehsildar and Sub Divisional Magistrate Kanpur Dehat. (ii). Issue a writ order or direction in the nature of mandamus directing to the respondents to not interfere the possession of the petitioner during the pendency of the writ petition. 3. By means of the present petition the petitioner has challenged the notices issued by respondent nos. 4 to 6. 4. Contention of the learned counsel for the petitioner is that the aforesaid notices are without jurisdiction and are also barred by limitation. 5. Learned Additional Chief Standing Counsel has raised a preliminary objection that the petitioner may file objections to the notices issued to him and take all the pleas which are available to the petitioner under law and respondents be directed to consider and decide the same in accordance with law. 6. In view of the above, the petitioner is granted two weeks' time to file objections taking all available pleas regarding jurisdiction, limitation or any other plea before the concerned respondent and in case, such objections are filed, the same shall be considered and decided by the respondent concerned before proceeding further, in accordance with law, expeditiously, preferably within a period of six weeks from the date of production of a certified copy of this order after providing opportunity of hearing to the parties concerned as well as opportunity to lead evidence in
support of their case and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. 7.
7. With the aforesaid observation, this writ petition stands disposed of. Order Date :- 17.4.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad