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2025 DAILYLAW 65018 (ALL)

SHALINI v. STATE OF U.P. AND 6 OTHERS

WRIC/18131/2025 · 2025-05-29

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93386 Court No. - 35 Case :- WRIT - C No. - 18131 of 2025 Petitioner :- Shalini Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Anurag Yadav Counsel for Respondent :- C.S.C.,Ramanand Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for the following reliefs:- "i) issue a writ, order or direction in the nature of mandamus commanding and directing to the Respondents concerned not to interfere in peaceful use and possession of 92.93 Sq.Mts. in the Arazi No.2300/0.028 Hectare, 2301/0.008 Hectare and also not demolish the Petitioner pakka house during the pendency of Appeal No.9764 of 2024 and its Computer Case No. T202414360109764 (Shishir Kumar Vs. Shalini and others) under section 35(2) U.P. Revenue Code pending before the Court of Sub-Divisional Magistrate, Tehsil-Shahganj, District-Jaunpur." 3. Contention of learned counsel for the petitioner is that an appeal is pending under Section 35(2) of the U.P. Revenue Code, 2006 before respondent no.3 and the petitioner is respondent in the appeal. During pendency of the appeal the petitioner is being dispossessed by the private respondents. 4. Learned Standing Counsel has submitted that the petitioner can move an application for interim relief in the pending appeal before the Authority concerned for redressal of his grievances. 5. The present petition stands disposed of with liberty to the petitioner to move an appropriate application for interim relief in the pending appeal. In case, such an application is moved by the petitioner within two weeks from today, the same shall be considered and decided expeditiously, preferably within a period of next six weeks after giving opportunity of hearing to the parties concerned provided that there is no other legal impediment. Order Date :- 30.5.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad