Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:61044 Court No. - 35 Case :- WRIT - C No. - 12088 of 2025 Petitioner :- Ram Lal Respondent :- State Of Up And 8 Others Counsel for Petitioner :- Ankit Kumar,Shrawan Kumar Pandey Counsel for Respondent :- C.S.C.,Pradeep Singh 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:-
"A. Issue a writ order or direction in the nature of certiorari, call for record of the case and quash the impugned order dated 20.03.2025 passed by respondent no.2 (Sub Divisional Officer) in case no.5543 of 2025 (computer case No.T202516530405543) (Ramlal Vs. Shyamlal and others) under Section 116 U.P. Revenue Code 2006, (annexed as Annexure No.4). B. Issue a writ order or direction in the nature of mandamus commanding and directing to the respondents forthwith to not interfere in the peaceful possession of the petitioner over his own share of the gata no.26 area 0.1450 hectare and gata no. 27 area 0.1140 hectare till the disposal of suit no.5543 of 2025, pending before the respondent no.2."
3. Contention of learned counsel for the petitioner is that on 11.03.2025, an order was passed by respondent No. 2 in proceedings under Section 116 of the U.P. Revenue Code, 2006 issuing notices to the other side, directing for maintaining status quo and fixing 02.04.2025 as the next date in the matter. By the
order impugned dated 20.03.2025, the earlier order passed on 11.03.2025 has been set aside on the ground that a caveat has been filed but the same was not informed. It has been stated by counsel for the petitioner that the defendant in the suit did not file any application for recalling the order and the order has been recalled suo moto by respondent No. 2 even before the next date fixed in the matter.
4. Learned Standing Counsel submitted that no useful purpose would be served in keeping this petition pending and a direction be
issued to respondent No. 2 to pass appropriate orders after hearing both the parties and the order impugned may be set aside.
5. In view of these facts, without calling for a counter from the other side, this petition is being disposed of.
6. The impugned order dated 20.03.2025 passed by respondent No. 2 is set aside and respondent No. 2-Sub Divisional Officer, Tehsil- Chunar, District Mirzapur is directed to decide the injunction application filed by the petitioner, in accordance with law, after hearing both the parties.
7. Till the disposal of the application, order dated 11.03.2025 of maintaining status quo will continue.
8. It is made clear that this Court has not examined the case on merits.
Order Date :- 23.4.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad