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2025 DAILYLAW 77098 (ALL)

RAMSEVAK v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIC/24239/2025 · 2025-07-24

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:122857 Court No. - 34 Case :- WRIT - C No. - 24239 of 2025 Petitioner :- Ramsevak Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Abhishek,Ajay Kumar Verma,Vijay Shri Counsel for Respondent :- C.S.C.,Hari Narayan Singh Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer: "(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 09.6.2025 passed by respondent no. 3 in case no. 6983 of 2025 and case no. 6982 of 2025 (Gaon Sabha Vs Ramsevak) under section 38(2) of U.P. Revenue Code 2006. (b) Issue a writ, order rule or direction in the nature of mandamus direct the respondent no. 3 not to evict the petitioner in pursuant to the impugned orders dated 09.6.2025 passed by respondent no. 3 in case no. 6983 of 2025 and case no. 6982 of 2025 during the pendency of appeal before respondent no.2." Learned counsel for the petitioner submits that against the order passed under Section 38(2) of the U.P. Revenue Code, 2006, an appeal has already been preferred under Section 38 (4) of U.P. Revenue Code, 2006 which is pending consideration. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit, with a direction upon authority concerned to decide the appeal filed under Section 38(4) U.P. Revenue Code 2006, in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 25.7.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad