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2025 DAILYLAW 76333 (ALL)

DEVI LAL JAISWL @ PAPPU v. STATE OF U.P. AND 4 OTHERS

WRIC/23494/2025 · 2025-07-21

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119118 Court No. - 9 Case :- WRIT - C No. - 23494 of 2025 Petitioner :- Devi Lal Jaiswl @ Pappu Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prem Shankar Sharma,Sachida Nand Tripathi Counsel for Respondent :- C.S.C.,Ramkripal Yadav Hon'ble Manish Kumar Nigam,J. 1. This writ petition has been filed for following relief:- "i.) issue an order or direction in the nature of certiorary quashing the order dated 09.07.2025 passed by Presiding Officer Motor Accident Claim Tribunal Chandauli in Misc. Case No. 214/2025 Devi Lal Vs. Kumari Anjali Singh on considering the petitioner's house standing on disputed land is fix for auction on dated 21.07.2025 by the Revenue Authorities. ii) issue an order or direction in the nature of mandamus commanding not to dispossess the petitioner from house on disputed land in pursuance of the auction fixed for 21.07.2025 by the order of Sub Divisional Magistrate Chandauli dated 21.07.2025 under U.P. Revenue Code. iii) issue any other suitable order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 2. Contention of the learned counsel for the petitioner is that an award has been passed against the petitioner and an application has been filed by the petitioner under Order IX Rule 13 of the Code of Civil Procedure for setting aside the ex parte award. The aforesaid application is pending. 3. Sri Ramkripal Yadav for the respondent no. 5 claimant informed that the claimant is contesting the application under Order IX Rule 13 CPC. 4. Since both the parties are present, the Presiding Officer Motor Accident Claim Tribunal Chandauli is directed to consider and decide the application filed by the petitioner under Order IX Rule 13 CPC, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after ensuring service upon all the parties concerned and after 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. It is made clear that this Court has neither stayed any proceeding, nor granted any interim order. 5. The writ petition is disposed of, accordingly. Order Date :- 22.7.2025 Ranjeet Sahu (Manish Kumar Nigam,J.) Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad