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2025 DAILYLAW 55918 (ALL)

MANTORA DEVI v. STATE OF U.P. AND 4 OTHERS

WRIC/14729/2025 · 2025-05-15

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82029 Court No. - 35 Case :- WRIT - C No. - 14729 of 2025 Petitioner :- Mantora Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashok Kumar Saroj,Brij Kumar Saroj,Shriprakash Shrivastava 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 seeking following relief :- "a suitable writ, order or direction in the nature of mandamus commanding and directing to the respondent No. 2 decide the application dated 28.04.2025 filed by the petitioner (Intervention Application) in Appeal No. 2239 of 2023 as well as Appeal No. 2239 of 2023 (Mantora Devi Vs. Shyam Sundar and others) filed before respondent No. 2 on 27.10.2023 along with affidavit under Section 24(4) and 2010 U.P. Revenue Code, 2006 within stipulated period of time in that regard. a suitable writ, order or direction in the nature of mandamus commanding and directing to the respondent Nos. 2 and 3 to maintain status quo till to decide intervention application dated 28.04.2025 filed by the petitioner before the appellate court in Appeal No. 2239 of 2023 (Mantora Devi Vs. Shyam Sundar and others) and do not coercive action to petitioner regarding to the possession." 3. Contention of learned counsel for the petitioner is that during pendency of an appeal filed u/s 24(4) of the U.P. Revenue Code, 2006, the order is being implemented on an application filed by the respondents and restrain order may be passed restraining the authorities not to implement the order passed u/s 24 of the U.P. Revenue Code, 2006. 4. Learned Standing Counsel has submitted that proper remedy for the petitioner is to move an application for interim relief in the pending appeal and no relief can be granted by this Court in writ jurisdiction. 5. In view of the same, I am not inclined to interfere with the matter. 6. Accordingly, this writ petition stands disposed of with liberty to the petitioner to move an appropriate application for interim relief in the pending appeal within two weeks. In case such an application is moved, the same shall be considered and decided by the respondent authority, expeditiously, preferably within next six weeks 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 :- 16.5.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad