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Neutral Citation No. - 2025:AHC:50239 Court No. - 35 Case :- WRIT - C No. - 10163 of 2025 Petitioner :- Smt. Indubala Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Amrita Singh Counsel for Respondent :- Bhupendra Kumar Tripathi,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 or direction in the nature of certiorari quashing the impugned order dated 18.11.2024, passed by the Additional Commissioner, Judicial (2nd), Varanasi Region, Varanasi in Case No.RST/00647/2019 Computerized Case No.C201914000000647 (Indu Bala Vs. Raj Keshav & others), under Section 219 of the U.P. Land Revenue Act, 1901 as well as
order dated 17.10.2001, passed by the Sub-Divisional Officer, Saidpur, District Ghazipur in Appeal No.39, under Section 210 of the U.P.Z.A. & L.R. Act (Raj Keshav Vs. Indubala) (as contained Annexure No.1 & 1A to this writ petition). II. Issue, a writ, order or direction in the nature of mandamus directing the revenue authority i.e. respondent no.3 to maintain the name of the petitioner over the land of Aarazi No.211 area 0-0-10 Biswa situated at Village Kathghara, Pargana Shadiyabad, Tehsil Saidpur, District Ghazipur. III. Issue, a writ, order or direction in the nature of mandamus directing the revenue authorities to not give effect on the entry of the revenue records with regard to the land in dispute i.e. land of Aarazi No.211 area 0-0-10 Biswa situated at Village Kathghara, Pargana Shadiyabad, Tehsil Saidpur, District Ghazipur in pursuance of the impugned order dated 18.11.2024, passed by the Additional Commissioner, Judicial (2nd), Varanasi Region, Varanasi in Case No.RST/00647/2019 Computerized Case No.C201914000000647 (Indu Bala Vs. Raj Keshav & others), under Section 219 of the U.P. Land Revenue Act, 1901 as well as
order dated 17.10.2001, passed by the Sub-Divisional Officer, Saidpur, District Ghazipur in Appeal No.39, under Section 210 of
the U.P.Z.A. & L.R. Act (Raj Keshav Vs. Indubala)."
3. The mutation order was passed in favour of the petitioner, which was challenged in the appeal. The appeal has been allowed and the matter was remanded back. The remand order has been challenged by the petitioner in revision and the revision was dismissed and the remand order has been confirmed.
4. Since the proceedings are pending before the initial authority, I am not inclined to interfere in the matter.
5. In view of these facts, the writ petition is disposed of with liberty to the petitioner to participate in the proceedings and court below is directed to decide the proceedings in accordance with law, after providing opportunity of hearing to all the parties concerned, provided there is no other legal impediment.
Order Date :- 8.4.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad