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Neutral Citation No. - 2025:AHC:70819 Court No. - 35 Case :- WRIT - C No. - 12774 of 2025 Petitioner :- Niranjan Lal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Jaiswal Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record. 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 proceedings initiated on the Second Restoration Application No. 83 of 2025 filed by the respondent no.3, Under section 24 of the U.P. Revenue Code 2006 being Case No. 7790 of 2021 Niranjan Lal Vs. Mahendra Kumar and others pending before respondent no.2 since 11.4.2025. II.Issue a writ order or direction in the nature of mandamus directing the respondent no.2, to complete the proceedings of demarcation/ paimaish as per order dated 18.10.2023 passed by respondent no.2."
3. Contention of learned counsel for the petitioner is that against an order passed under Section 24 of the U.P. Revenue Code, 2006, respondent No. 3 has filed a restoration application, which was dismissed. Against the said order, again a restoration application has been filed and that has been admitted and the record was summoned. 4. I have perused the application, which is alleged to be the second restoration application by the petitioner. The said application appears to be the objection to the execution order passed under Section 24 of the U.P. Revenue Code, 2006. 5. Learned Standing Counsel has submitted that since the proceedings are pending before respondent No. 2, it would be more appropriate to direct respondent No. 2 to consider and decide the same within a time frame as may be fixed by this Court. 6. In view of the same, respondent No. 2- Sub Divisional Magistrate, Tehsil-Karchana, District- Prayagraj is directed to consider and decide the proceedings instituted on application dated 09.04.2025 filed by respondent No. 3, expeditiously, preferably, within a period of three months from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. 7. Accordingly, this writ petition stands disposed of. Order Date :- 5.5.2025 Nitika Sri.
(Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad