KESHAV PRASAD YADAV v. COLLECTOR GORAKHPUR AND 6 OTHERS
WRIC/2219/2025 · 2025-02-10
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9812 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9812 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:19075 Court No. - 34 Case :- WRIT - C No. - 2219 of 2025 Petitioner :- Keshav Prasad Yadav Respondent :- Collector Gorakhpur And 6 Others Counsel for Petitioner :- Udai Chandani Counsel for Respondent :- C.S.C.,Sudhir Bharti 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 the following reliefs:-
"i. Issue a suitable writ, order or direction in the nature of certiorari quashing the order dated 11.07.2024 passed by respondent no.3 in Case No. 25223 of 2024 bearing Computerized Case No. T-202405310325223 (Sunil Kumar & others Vs. Keshav & others), under Section 116 of U.P. Revenue Code-2006. ii. Issue a suitable writ, order or direction in the nature of certiorari quashing the order dated 18.12.2024 passed by respondent no.2 in case no.1359 of 2024 bearing Computerized Case No.C202405000001359 (Keshav Prasad Vs. Sunil Kumar & others) Under Section 210 of the U.P. Revenue Code-2006. iii. Issue a suitable writ, order or direction in the nature of mandamus restraining the respondent no.4 to 6 not to interfere in the peaceful possession of the petition relating to Arazi No.492 area 0.032 hectare."
3. Brief facts of the case are that in a suit under Section 116 of the U.P. Revenue Code, 2006 (Sunil Kumar and others Vs. Keshav Prasad and others) an interim injunction restraining the defendants in the suit from raising construction over the land in dispute, was passed by the trial court i.e. Sub- Divisional Magistrate, Gorakhpur. Against the said order, the petitioner preferred a revision, which has been rejected by the revisional court by order dated 18.12.2024 as not maintainable. Petitioner has also filed an application for vacation of interim order on 20.08.2024. In paragraph No. 13 of the writ petition it has been stated that the said application is pending. 4. Learned Standing Counsel submitted that no useful purpose would be served in keeping this petition pending and it would be in the interest of justice to direct the respondent No. 3 to consider and decide the stay vacation application filed by the petitioner within a time frame as may be fixed by this Court. 5.
In view of the same, the writ petition is disposed of with direction to respondent No. 3- Sub- Divisional Magistrate, Gorakhpur to consider and decide the stay vacation application filed by petitioner on 20.08.2024, expeditiously, preferably within a period of three months from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned. 6. It is made clear that this Court has not examined the matter on merits. Order Date :- 10.2.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad