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2025 DAILYLAW 9221 (ALL)

NIYAZ AHMAD v. STATE OF U.P. AND 4 OTHERS

WRIC/1857/2025 · 2025-02-16

Manish Kumar Nigam

Civil Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:22175 Court No. - 34 Case :- WRIT - C No. - 1857 of 2025 Petitioner :- Niyaz Ahmad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajiv Kumar Singh,Shiv Veer Singh Counsel for Respondent :- C.S.C.,Shashi Prakash Singh Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The writ petition has been filed for following relief: "i. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 4/Tehsildar to stop the proceeding initiated U/s 67 (1) and (2) of The U.P. Revenue Code, 2006 (Report V/s Niyaz) in pursuant to the report dated 26.10.2024 and 16.11.2024 submitted by the concerning Lekhpal and Revenue Inspector village Bishunpur @ Maharajganj respectively during the pendency of Civil Appeal No. 127 of 2015 (Niyaz Ahmed V/s Basic Siksha Adhikari and others) filed before the Learned Court of Additional Session Judge/F.T.C. Azamgarh by the petitioner /appellant in which the learned court of Session Judge vide order dated 04.10.2024 has allowed the application of 7 (Ga) 2 of the petitioner, after considering the objection 20 (Ga) 2 and passed the order of status quo till the final disposal of the aforesaid Civil Appeal No. 127/2015. ii. Issue a writ, order or direction in the nature of mandamus directing to the respondents to maintain status-quo accordingly the order of the Learned Court of Upper Civil Judge, (Upper Division) Court No.13, Azamgarh dated 04.10.2024 passed in Civil Appeal No. 127 of 2015 (Niyaz Ahmed V/s Basic Siksha Adhikari Azamgarh and others) for maintaining the status-quo by the parties till the final disposal of the pending Civil Appeal filed by the petitioner." 3. It has been stated by learned Standing Counsel that against a notice issued to the petitioner under Section 67(1) of the U.P. Revenue Code, 2006, the petitioner has approached this Court. 4. Learned counsel for the petitioner submits that petitioner has already filed his objections to the said notice. 5. Since the objections have been filed, I am not inclined to interfere in the matter. 6. Accordingly, the writ petition is disposed of with liberty to the petitioner to press his objections before the court below and in case, the objections are pressed, the same shall be considered and decided by respondent No. 4- Tehsildar, Tehsil- Sagari, District- Azamgarh, in accordance with law after hearing all the parties concerned. Order Date :- 17.2.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad