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Neutral Citation No. - 2025:AHC:60145 Court No. - 35 Case :- WRIT - C No. - 12031 of 2025 Petitioner :- Ravi Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Pankaj Kumar Tyagi Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani Hon'ble Manish Kumar Nigam,J.
1. Heard learned Counsel for the parties and perused the record.
2. The present petition has been filed for the following relief :
"(i). Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 04.01.2025 passed by the respondent no.2 in Case No.1692/2022 (Computerized Case No.C202209000001692) "Ravi Kumar and Others vs. Land Management Committee, Village- Gurana, Pargana-Thana Bhawan, Tehsil-Un, District-Shamli", under Section-210 of the U.P. Revenue Code, 2006 and impugned order dated 05.04.2022 passed by the respondent no.3 in Case No.394 of 2022 (Computerized Case No.T202209720700394) "Ravi Kumar and Others vs. Rajeev and Others", under Section-35 of the U.P. Revenue Code, 2006."
3. Contention of learned counsel for the petitioner is that deceased Shera has executed a registered will in his favour on 3.10.2020. Shera has also executed a sale deed on 11.6.2019 in favour of the respondent nos.5 and 6. In the mutation proceedings, name of respondent nos.5 and 6 was mutated in the revenue record on the basis of the sale deed by order dated 5.4.2022 passed by the Tehsildar. Against the order dated 5.4.2022, the petitioner filed a revision before the Commissioner and the same has also been dismissed by the order dated 4.1.2025. It has been contended by learned counsel for the petitioner that during his lifetime, Shera has instituted a suit being Civil Suit No.107 of 2019 for cancellation of the sale deed which is still pending.
4. Since, the sale deed which has been executed in favour of the respondent nos.5 and 6 has not been cancelled, no relief can be granted to the petitioner only on the ground that the suit for cancellation is pending. However, in case, the petitioner succeed in his suit, he may re-agitate the matter in accordance with law.
5. With these observations, the writ petition stands disposed of. Order Date :- 22.4.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad