Neutral Citation No. - 2025:AHC:36097 Court No. - 37 Case :- WRIT - C No. - 17529 of 2024 Petitioner :- Smt . Subhawati Respondent :- State Of U.P. And 15 Others Counsel for Petitioner :- Akhila Nand Pandey,Ramesh Rai Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla,Saurabh Kumar Pandey Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Ramesh Rai, learned counsel for the petitioner and Sri Awadhesh Kumar Patel, learned standing counsel for the State-respondents. 2. The grievance of the petitioner in the instant writ petition is that the Sub Divisional Officer, Mehnagar, District Azamgarh / respondent no. 2 passed the order dated 03.01.2024 on the administrative side during the pendency of the regular proceedings under Section 144 of the U.P. Revenue Code, 2006. 3. The contention of the learned counsel for the petitioner is that the respondent no. 2 has no jurisdiction to pass such an order on the administrative side during the pendency of the regular Suit No. 941 of 2023 (Jagjivan Vs. Satpal & others) under Section 144 of the U.P. Revenue Code, 2006 is pending. 4. This Court directed the learned counsel for the State- respondents to file a short counter affidavit. 5. In pursuance of the order passed by this Court a short counter affidavit duly sworn by the Naib Tehsildar, Tehsil Mehnagar, District Azamgarh has been filed today in the Court. The same is taken on record. 6. Paragraph 3 of the said short counter affidavit dated 11.03.2025 is reproduced as under: "That it is necessary to bring on record that during pendency of the aforesaid suit an objection was moved by the petitioner against the order dated 03.01.2024, alongwith an application to set aside the order dated 03.01.2024 whereafter, the record was produced and it was found that the order dated 03.01.2024 had been passed on Misc. Application on which the administrative order was passed. Since the order aforesaid was not a judicial order it was set aside being void-ab-initio vide order dated 10.03.2025 and the next date 12.03.2025 was fixed for disposal the pending application for stay as well as temporary injunction already moved by the parties. A true photocopy of the order dated 10.03.2025 is being filed herewith and marked as Annexure No. 1 to this short counter affidavit." 7. In view of the fact that the order dated 03.01.2024 passed on the Miscellaneous Application by the then Sub Divisional Officer, Mehnagar, Azamgarh on the administrative side has now been set aside by the authority presently ceased with the matter and as such the grievance of the petitioner has been ventilated. Since the order dated 03.01.2024 has been set aside, the instant writ petition has lost its efficacy. 8. Further, the regular proceeding of the aforesaid Suit No. 941 of 2023 (Jagjivan Vs. Satpal & others) under Section 144 of the U.P. Revenue Code, 2006 is already fixed for today i.e. 12.03.2025, therefore, this Court finds it inappropriate to further proceed with the present writ petition. 8. In view of the aforesaid, the writ petition is consigned to record. No order as to costs. Order Date :- 12.3.2025 Arif Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad