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2025 DAILYLAW 5935 (ALL)

SMT. RAJBALA v. STATE OF U.P. AND 5 OTHERS

WRIC/879/2025 · 2025-01-15

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6287 Court No. - 34 Case :- WRIT - C No. - 879 of 2025 Petitioner :- Smt. Rajbala Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Abhishek Kumar Saroj,Nagendra Bahadur Singh,Rashmi Nigam Counsel for Respondent :- C.S.C.,Dinesh Kumar 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 a writ, order or direction in the nature of certiorari quashing the impugned order dated 3.12.2024 passed by the Addl. Commissioner, Agra Division, Agra/Respondent no.2 in Revision No.2646 of 2024/C202401000002646 (Smt. Rajbala Vs. Laxmi and others) under Section 210 of U.P. Revenue Code, 2006 and order dated 22.10.2024 passed by the Tehsildar, Tehsil-Chhata, District Mathura/Respondent no.3 in Case No.2645 of 2023/T202301500002645 (Smt. Rajbala Vs. Totaram) under Section 34 of the U.P. Revenue Code, 2006." 3. Contention of learned counsel for the petitioner is that in proceedings under Section 34 of the U.P. Revenue Code, 2006, an order was passed in favour of the petitioner. On a restoration application filed by the respondent, the said order has been stayed. Against the order staying the order passed in favour of the petitioner, the petitioner preferred a revision and the same has also been dismissed. 4. Learned Standing Counsel as well as learned counsel appearing on behalf of the respondent no.5 has submitted that the restoration application is pending before the respondent no.3. 5. In view of these facts, no useful purpose would be served in keeping this petition pending. 6. The writ petition stands disposed of finally with a direction to the respondent no.3, the Tehsildar, Tehsil-Chhata, District Mathura to consider and decide the restoration application application of the petitioner, in accordance with law, expeditiously, preferably within a period of three months from the date of production of a certified copy of this order after ensuring service upon all the respondents and after giving opportunity of hearing to the parties concerned provided that there is no other legal impediment. Order Date :- 15.1.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad