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Neutral Citation No. - 2025:AHC:75277 Court No. - 35 Case :- WRIT - C No. - 13583 of 2025 Petitioner :- Smt. Anita Gill Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Nagendra Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record. 2. This writ petition has been filed for the following reliefs:-
"issue a writ, order or direction in the nature of Certiorari quashing the ex-parte impugned order dated 21.03.2025 passed by Respondent No. 4 (Tahsildar, Tahsil Saharanpur, District Saharanpur, in case no. 4707 of 2025 (Computer Case No. T202509600104707) (Smt. Hima Gill Vs. Smt. Preetam Kaur), under Section 34 of U.P. Revenue Code, 2006 (Annexure No. 1 to the writ petition)."
3. Contention of learned counsel for the petitioner is that impugned order has been passed ex-parte against the petitioner and the entire proceedings have been concluded within eleven days. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending and the petitioner can file a restoration application under Section 209(H) of the U.P. Revenue Code, 2006 for redressal of her grievance. 5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with liberty to the petitioner to file application for recalling the order dated 21.03.2025 passed by Tahsildar. 6. In case, such an application along with stay application is filed by the petitioner within two weeks, the respondent No. 2 to shall consider and decide the stay application, in accordance with law, expeditiously, preferably within a period of six weeks and the recall/restoration application be also decided within twelve weeks thereafter, after ensuring service upon all the opposite parties and 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. It is further provided that till the disposal of the stay application, both the parties are restrained from alienating the property in dispute and the petitioner will cooperate in disposal of the stay application and will not seek any undue adjournment to linger on the proceedings. 8.
It is made clear that in case, an attempt is being made by the petitioner to linger on the proceedings, the interim protection granted by this Court, shall automatically stands vacated. Order Date :- 9.5.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad