KHITISH BHADRA AND ANOTHER v. STATE OF U.P. AND 9 OTHERS
WRIC/12773/2025 · 2025-05-04
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49012 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49012 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:70794 Court No. - 35 Case :- WRIT - C No. - 12773 of 2025 Petitioner :- Khitish Bhadra And Another Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Raj Kumar Singh,Sunil Kumar Singh Counsel for Respondent :- Arun Kumar Pandey,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 following reliefs:
"(i) Issue a writ, order or direction in the nature of certiorari to quash the orders dated 10.01.2025 passed by Sub Divisional Magistrate (Judicial), Tehsil Rampur, District Rampur in a proceeding under Section 134 of U.P. Revenue Code, 2006 in Case No. 3422/2023 (Atul Mandal and others vs. Khitish Bhadra and others) as well as order dated 02.04.2025 passed by same authority by which the restoration application of the petitioners has been rejected and consequential a recovery certificate dated 30.01.2025 by which upon the petitioners the cost has been imposed of the amount Rs. 1,00,470/-. (ii) Issue a writ, order or direction in the nature of mandamus for maintain status quo and no any coercive measure adopted against the petitioners in pursuance of the proceeding under Section 134 of the U.P. Revenue Code, 2006."
3. Contention of learned counsel for the petitioners is that an order under Section 134 of the U.P. Revenue Code, 2006 has been passed against the petitioners on 10.01.2025 against which the petitioners filed a restoration application. The restoration application has been dismissed on 02.04.2025.
4. Learned Standing Counsel as well as learned counsel for Gaon Sabha have raised a preliminary objection that against the orders impugned, the petitioner has remedy of filing a revision or an appeal against the original order.
5. In view of above, I am not inclined to interfere in the matter.
6. Accordingly, the writ petition is disposed of with liberty to the petitioners to avail the remedy as available to them under law. Order Date :- 5.5.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad