SANTOSH KUMAR AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
WRIC/13440/2025 · 2025-04-30
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51619 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51619 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:68528 Court No. - 35 Case :- WRIT - C No. - 13440 of 2025 Petitioner :- Santosh Kumar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brij Kumar Saroj,Mohammad Atik Ahmad Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. The instant petition has been filed for the following relief:
"i- issue a writ order or direction in the nature of Mandamus directing the respondent no. 2 to consider and decide the Case No. T2020020300401447 (Kiran Mishra Vs. Ganga Prasad Mishra) Under section 35 of Uttar Pradesh Revenue Code, 2006 pending before him, expeditiously within stipulated period as fixed by this Hon'ble Court."
3. Learned Standing Counsel has raised a preliminary objection regarding maintainability of the writ petition on the ground that for the same cause of action, the petitioners have filed a petition being Writ C No.16577 of 2023. Thus, in view of provisions of Rule 7 of Chapter XXII of Allahabad High Court Rules, 1952, the second writ petition would not be maintainable on the same facts.
4. From the pleading of the present writ petition, it is evident that for the same cause of action, the second writ petition has been filed by the petitioners.
5. Accordingly, the writ petition is dismissed. Order Date :- 1.5.2025 S. Singh (Manish Kumar Nigam,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad