Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:137694 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8926 of 2025 Petitioner :- Rajkishor Mishra Respondent :- Nirmala Pandey And 5 Others Counsel for Petitioner :- Kamlesh Shrama Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"Set-aside the impguned 17.07.2025 passed learned Gram Nyayalay Madhuban Mau in Original Case No.0857 of 2021 (Nirmala Vs. Rajkishor and others) (Annexure No.10 to the petition). Direct the respondents to not disturb the peaceful possession of petitioner in pursuance of the order dated 17.07.2025."
3. Contention of learned counsel for the petitioner is that by order dated 29.5.2025 passed by the Civil Judge (Junior Division), Mohamadabad Gohna, Mau, the suit was
directed to be transferred to Gram Nayayalaya, fixing 30.7.2025. The order impugned has been passed on 17.7.2025 without even issuing notices to the petitioner or any information to the petitioner before the date fixed before the concerned Gram Nyayalay.
4. Learned counsel for the respondents could not deny this fact that the date fixed by the Civil Judge is 30.7.2025. Learned counsel prays that the order may be set aside and a direction be issued to the Gram Nayayalaya to consider the application of petitioner afresh after hearing all the concerned parties.
5. In view of the same, the order dated 17.7.2025 passed on the application of the plaintiff, paper No.44 Ga 2, is hereby quashed. The writ petition is allowed. The Court below i.e. Gram Nayayalaya, Madhuban, Mau is directed to consider and decide the application filed by the plaintiff-petitioner, paper No.44 Ga 2, afresh, in accordance with law, after providing opportunity of hearing to all the concerned parties by the next date fixed and if for some unavoidable circumstances it is not possible to decide the application on the date fixed, the same shall be considered and decided within four weeks thereafter.
6. It is made clear that this Court has not examined the matter on merits of the case and
order has been set aside only on the ground that the order was passed without issuing notice to the petitioner.
Order Date :- 12.8.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad