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2025 DAILYLAW 61605 (ALL)

COMMITTEE OF MANAGEMENT, SHITLADEEN INTERMEDIATE COLLEGE AND ANOTHER v. STATE OF U.P. AND 5 OTHERS

WRIC/16517/2025 · 2025-05-27

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:91673 Court No. - 35 Case :- WRIT - C No. - 16517 of 2025 Petitioner :- Committee Of Management, Shitladeen Intermediate College And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Kartikeya Saran 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 writ petition has been filed for the following relief: "I) issue an appropriate writ, order or direction commanding the respondent Nos. 5 & 6 not to get any construction work done on the Arazi Nos. 232, 234 & 231 Village Bagbana, Tehsil Karchhana, District Prayagraj, till final disposal of the case filed by the petitioners before the Sub-Divisional Magistrate, Karchhana, Prayagraj, titled as Shitladeen Intermediate College, Bagbana, Karchhana, Prayagraj Vs. Gram Sabha & Others, under Sections 32, 38, 38(2) of the U.P. Revenue Code, 2006 and status quo be maintained till disposal of the aforesaid order. II) Issue an appropriate writ, order or direction commanding the respondent no. 3 to decide the case no. Nil of 2023 titled as Shitladeen Intermediate College Bagbana, Karchhana Prayagraj Vs. Gram Sabha & others, pending before it, under Sections 32, 38, 38(2) of the U.P. Revenue Code, 2006, within a stipulated period." 3. Contention of the learned counsel for the petitioner is that proceedings for correction of revenue records under Section 38(2) of the U.P. Revenue Code, 2006 is pending since November, 2023 and the same is not being decided and in the meantime, Gaon Sabha is constructing aganwadi centre over the land in dispute. It has been further contended by learned counsel for the petitioner that in case, application of the petitioner is allowed, irreparable loss will be caused to the petitioner by the constructions raised by Gaon Sabha. 4. Learned Standing Counsel has submitted that the petitioner has no concern with the land in dispute but could not deny that the application for correction of revenue record is pending. 5. 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. 3 to consider and decide the aforementioned proceedings under Section 38(2) of the U.P. Revenue Code, 2006 filed by the petitioner, in accordance with law, expeditiously, preferably within a period of six weeks from today after ensuring service upon all the opposite parties and giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. 6. It is further provided that till the disposal of the application, the parties are directed to maintain status quo and the petitioner will cooperate in disposal of the application and will not seek any undue adjournment to linger on the proceedings. 7. It is made clear that in case, undue adjournment is sought by the petitioner to linger on the proceedings, the interim protection granted by this Court, shall automatically stands vacated. Order Date :- 28.5.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad