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2025 DAILYLAW 86359 (ALL)

RAJESH v. STATE OF U.P. AND 7 OTHERS

WRIC/27470/2025 · 2025-08-21

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144664 Court No. - 34 Case :- WRIT - C No. - 27470 of 2025 Petitioner :- Rajesh Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Abhijeet Mishra,Abhishek Mishra,Harsh Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayers:- "i. Issue a writ, order or direction in the nature of Certiorari Quashing the impugned order dated 22.07.2025 passed by the respondent nо.2 in Case No. 1083/2025 (Computer Case No.C202518000001083) (Pappu Singh Vs. Rajesh) under section 210 of the U.P. Revenue Code-2006 (Annexure No.1 to the writ petition); ii. Issue an mandamus directing the respondents not to interfere in the peaceful possession of the petitioner over property being Khata No.148, Gata No.254, area 0.276 hectare, Gata No.253, area 0.279. hectare (total area 0.555 hectare) situated at Mauja Jikarpur, Pargana Tappal, Tehsil Khair, District Aligarh and the property being Khata No.285, Gata No.53 area 3.039 hectare, Khata No.146, Gata No.16 area 0.092 hectare situated at Mauja Taharpur, Pargana Tappal, Tehsil Khair, District Aligarh as well as the property being Khata No.647, Gata No.949A area 0.669 hectare, Gata No.950 area 1.821 hectare and Gata No.949B area 0.357 hectare situated at Mauja Jattari, Pargana Tappal, Tehsil Khair, District Aligarh." 2. It is contended that mutation was carried in favour of private respondents who had challenged the mutation order in appeal and an interim order was granted during the pendency of the appeal. The private respondents had filed a revision on 14.07.2025 against the interim order which was allowed on 22.07.2025 and the matter was remanded back to appellate court to consider the matter afresh. 3. Learned counsel for the petitioner submits that the principles of natural justice has been violated and without hearing the petitioner the revision has been allowed and the matter has been remanded back to appellate court. He further contends that his case is covered by judgment of co-ordinate Bench rendered in Smt. Kalawati vs. The Board of Revenue and 6 others, 2022 (4) ADJ 578. 4. Learned Standing Counsel has opposed the writ petition. 5. After hearing learned counsel for the parties and perusing the material on record, it is clear that the mutation order was passed in favour of private respondents which was challenged in appeal which is still pending consideration. Only an interim order was passed which was subjected to challenge in the revision and revisional court had only remanded back the matter to Sub Divisional Officer to consider the appeal on merits. 6. No case for violation of principles of natural justice is made out. As the appeal is still pending consideration, it is open to parties to raise all the grounds before the appellate court. This Court finds that no case for interference is made out exercising extraordinary jurisdiction under Article 226 of Constitution of India. 7. Writ petition fails and is hereby dismissed. 8. However, appellate court may proceed with the appeal and make every endeavour to decide the same, as expeditiously as possible, within a period of two months, from the date of production of certified copy of this order. Order Date :- 22.8.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad