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2025 DAILYLAW 82736 (ALL)

PUSHPENDRA KUMAR SINGH v. STATE OF U.P. AND 3 OTHERS

WRIC/26409/2025 · 2025-08-06

Arun Kumar Singh Deshwal, Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133611-DB Court No. - 40 Case :- WRIT - C No. - 26409 of 2025 Petitioner :- Pushpendra Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudeep Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioner and Sri Rajeshwar Tripathi, learned Additional Chief Standing Counsel-II for State- respondents. 2. The petitioner being aggrieved by the order of Revisional Authority dated 04.07.2025 by which the application for staying the operation of the order passed by the District Magistrate as well as Appellate Authority has been rejected on the ground that petitioner has failed to make out any case for grant of stay has been assailed by the petitioner by means of the present writ petition. 3. Challenging the aforesaid order, learned counsel for the petitioner has contended that once the Revisional Court has admitted the revision, it ought to have granted stay order inasmuch as if the impugned orders before the Revisional Authority are executed, that would cause irreparable injury to the petitioner. 4. Sri Rajeshwar Tripathi, learned Additional Chief Standing Counsel-II would contend that in the instant case, revision of the petitioner is admitted, and in case orders impugned in the revision are executed even then, the petitioner shall not suffer any irreparable injury inasmuch as in case revision of the petitioner is allowed, the amount recovered from the petitioner shall be refunded. It is submitted that reasoned order has been given by the Revisional Authority while rejecting the stay application. 5. Be that as it may, considering the submissions advanced above, we issue a direction to the Revisional Authority i.e. respondent no.1-Special Secretary, Department of Geology and Mining, Civil Secretariat, U.P, Lucknow to decide the Revision No.39(R)/G & M (U.P.)/2025 within a period of one month from the date of production of certified copy of this order. 6. Considering the fact that revision is admitted and this Court in almost identical circumstances in Writ-C No.5243 of 2025 & Writ- C No.3299 of 2025 have granted indulgence to the petitioner, therefore, in such view of the fact, the respondents are restrained from taking any coercive action of recovering the amount from the petitioner for a period of one month or till the decision on revision, whichever is earlier. 7. Accordingly, the writ petition is disposed off. Order Date :- 7.8.2025 Sattyarth (Arun Kumar Singh Deshwal,J) (Saral Srivastava,J) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad