Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:79606 Court No. - 35 Case :- WRIT - C No. - 14225 of 2025 Petitioner :- Smt Gayatri Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dhirendra Singh,J.P. Singh Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"to issue a writ, order or direction in the nature of certiorari quashing the impugned order 16-04-2025 passed by Sub-Divisional Officer, Bhatpar dated Rani, District- Deoria (copy of the impugned order dated 16-04-2025 is enclosed as Annexure No. 1 to this petition); to issue a writ, order or direction in the nature of mandamus commanding the Sub-Divisional Officer. Bhatpar Rani, Deoria to restore case No. 4260/2024 (Gayatri Devi Vs. Sushila Devi and Others) under Section 134 of the Uttar Pradesh Revenue Code and to decide the same on merit within the time to be specified by the Hon'ble Court."
3. By order dated 16.4.2025, suit filed by the petitioner under Section 134 of the U.P. Revenue Code, 2006 has been dismissed on the ground that petitioner agreed that the relief claimed by the petitioner is within jurisdiction of Civil Court.
4. Contention of learned counsel for the petitioner is that no such statement/concession was given by the petitioner and the order dated 16.4.2025 has wrongly been passed.
5. Learned Standing Counsel has submitted that since there is recital in the order passed in initial proceedings which petitioner wants to challenge. Recital in the order has to be challenged by making an appropriate application before the Court itself and demonstrate that he has never made such a concession/statement.
6. In view of the same, this writ petition stands disposed of with liberty to the petitioner to move an appropriate application before respondent No.2. In case, such application is filed, the same shall be considered and decided, in accordance with law, expeditiously, preferably within eight weeks from the date of production of a certified copy of this
order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment.
Order Date :- 14.5.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad