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2025 DAILYLAW 50330 (ALL)

RAMPHER UPADHYAY v. STATE OF U.P. AND 6 OTHERS

WRIC/13107/2025 · 2025-04-29

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67065 Court No. - 35 Case :- WRIT - C No. - 13107 of 2025 Petitioner :- Rampher Upadhyay Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Rudreshwari Prasad,Shesh Kumar Srivastava 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 record. 2. This writ petition has been filed for the following relief: "1. issue a writ, order or direction in the nature of certiorari quashing the order dated 18.09.2024 passed by the learned Tehsildar as contained in Annexure No. 5 and the order dated 12.12.2024 passed by Additional Commissioner (Judicial)-I, Varanasi Division, Varanasi in Revision No. 2947 of 2024 computerized case no. C-202414000002927 (Rampher Upadhyay Vs. Ram Nayan alias Satya Narayan) under section 210 of U.P. Revenue Code, 2006 (Annexure no. 6 to the writ petition)." 3. Contention of learned counsel for the petitioner is that an order has been passed in favour of the petitioner on 14.09.2024. After the passing of the order dated 14.09.2024, a restoration application was filed and the operation of order dated 14.09.2024 was stayed. Revision filed against the order staying the operation of order 14.09.2024 was challenged by the petitioner in a revision, which has been dismissed. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending and since the restoration application is still pending, the petitioner may contest the same before respondent No. 4. 5. In view of the same, I am not inclined to interfere in the matter. 6. Accordingly, the writ petition is disposed of with liberty to the petitioner to contest the restoration application. Since the restoration application is pending and the petitioner has appeared, it is directed that respondent No. 4- Tehsildar, Tehsil-Badalapur, District- Jaunpur shall consider and decide the restoration application, in accordance with law, expeditiously, preferably within a period of twelve weeks 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 there is no other legal impediment. Order Date :- 30.4.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad