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2025 DAILYLAW 58664 (ALL)

NAGESH JAISWAL v. STATE OF U.P. AND 4 OTHERS

WRIC/15476/2025 · 2025-05-21

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87802 Court No. - 35 Case :- WRIT - C No. - 15476 of 2025 Petitioner :- Nagesh Jaiswal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ajay Kumar Mishra,Navin Kumar Srivastava Counsel for Respondent :- Azad Rai,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 writ, order or direction in the nature of certiorari quashing the impugned recovery citation dated 28.10.2024 passed by the respondent no. 3 for recovery of amount of Rs. 4,03,000/- in pursuance to the order dated 28.10.2024 passed by the respondent no. 3 in Case No. 12646 of 2022 Computerize Case No. T202202030312646 (Gaon Sabha Vs Nagesh Jaiswal), Under Section 67 of U.P. Revenue Code, 2006. (Annexure No. 1 & 2to this writ petition). II. Issue writ, order or direction in the nature of mandamus commanding and directing to the respondent no. 2 to not to take any coercive major in pursuance of the impugned order dated 28.10.2024, till the disposal of the Appeal No. Nil of 2025 (Nagesh Jaiswal Vs. Gaon Sabha) Under Section 67(5) of U.P. Revenue Code, 2006. III. Issue writ, order or direction in the nature of mandamus commanding and directing to the respondent no. 2 decide the Appeal No. Nil of 2025 (Nagesh Jaiswal Vs Gaon Sabha) Under Section 67(5) of U.P. Revenue Code, 2006, expeditiously within an stipulated period as fixed by this Hon'ble Court." 3. Contention of learned counsel for the petitioner is that against an order passed under Section 67 of the U.P. Revenue Code, 2006 dated 28.10.2024, the petitioner has filed an appeal which is pending before the respondent no.2. Despite the pendency of the appeal, the respondents are trying to execute the order passed under Section 67 of the U.P. Revenue Code, 2006. It has been further submitted by learned counsel for the petitioner that orders passed under Section 67 are subject to the orders passed under Section 67(5) of the U.P. Revenue Code, 2006. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending and a direction be issued to the respondent no.2 to conclude the proceedings within the time frame as fixed by this Court. 5. The present petition stands disposed of finally with a direction to the respondent No. 2 to consider and decide the appeal, 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 giving opportunity of hearing to the parties concerned provided that there is no other legal impediment. 6. Till disposal of the appeal, the constructions of the petitioner shall not be demolished in pursuance to the order dated 28.10.2024 passed by the Tehsildar. 7. However, it is provided that the petitioner will cooperate in early disposal of the appeal and will not seek any adjournment and in case, the adjournments are sought by the petitioner to linger on the proceedings, the interim order granted by this Court shall automatically be vacated. Order Date :- 22.5.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad