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2025 DAILYLAW 54286 (ALL)

SMT. RAM RATI v. STATE OF UP AND 8 OTHERS

WRIC/14615/2025 · 2025-05-21

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86319 Court No. - 35 Case :- WRIT - C No. - 14615 of 2025 Petitioner :- Smt. Ram Rati Respondent :- State Of Up And 8 Others Counsel for Petitioner :- Anant Ram Dube,Shobhit Dubey Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Learned counsel for the petitioner prays for and is permitted to implead the Tehsildar, Badaun in the array of parties during course of the day. 2. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record. 3. The instant writ petition has been filed for the following relief: "i. Issue a writ, order or direction in the nature of quashing the order dated 21.11.2024 passed by the respondent No. 2, the Addl. Commissioner-III (J), Bareilly (Annexure-1) as well as order dated 13.6.2011 passed by S.D.M., Budaun (Annexure-1A to the writ petition). ii. Issue a writ, order or direction in the nature of mandamus commanding the revenue authorities/consolidation authorities not proceed with the mutation proceedings pursuant to the impugned order dated 21.11.2024 passed by the respondent No. 2, the Addl. Commissioner-III (J), Bareilly (Annexure-1) as well as order dated 13.6.2011 passed by S.D.M., Budaun (Annexure-1A to the writ petition)." 4. This petition has been filed against the order dated 13.06.2011 by which the appeal filed by the respondent was allowed and the matter was remanded. Against the said order the petitioner filed revision which has been rejected. 5. Learned Standing Counsel has submitted that by the order passed by the appellate court, both the parties will have opportunity to contest the matter on merits, therefore, no useful purpose would be served in keeping this petition pending. 6. 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 a direction to respondent No. 7 to consider and decide the mutation case, in accordance with law, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order after ensuring service upon all the opposite parties and giving opportunity of hearing to the parties concerned as well as opportunity to lead evidence in support of their case and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 22.5.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad