Sushma Devi v. State of U,P. Thru. Prin. Secy. Deptt. Revenue Lko. and 7 Others

Court No. - 3 Case :- WRIT - C No. - 9632 of 2023 Petitioner :- Sushma Devi Respondent :- State Of U,P. Thru. Prin. Secy. Deptt. Revenue Lko. And 7 Others Counsel for Petitioner :- Umesh Chandra Counsel for Respondent :- C.S.C. Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J.

¶1A short counter affidavit along with Power filed today by Sri Pankaj Shukla on behalf of respondent no.8 is taken on record.

¶2Heard learned counsel for petitioner, learned Standing Counsel for the State and Sri Pankaj Shukla, learned counsel for respondent no.8.

¶3There is a dispute with regard to ownership of Gata no.1862-Ga/1.8330 hectares situated in Village Jaudaha, Pargana and Tehsil Salon, District Raebareli, between petitioner and respondent no.8. At present, name of petitioner is mutated in the same. The said order of mutation is under challenge in Revision No.2561 of 2023 before the Court of Additional Commissioner (Judicial)(Pratham), Lucknow. In the said revision, next date is fixed as 6.11.2023.

¶4Petitioner has approached this Court claiming that on the basis of the order passed in her favour, she should be permitted to hold the fair on the said plot number.

¶5Looking into the facts and circumstances of the case, petitioner and respondent no.8 are expected to be present before the Court of Additional Commissioner (Judicial)(Pratham), Lucknow in the aforesaid revision on the next date fixed i.e.

6.11.2023 and the Additional Commissioner concerned shall hear the revision itself or the stay application of respondent no.8 on the said date or thereafter on day-to-day basis and positively decide the same by passing appropriate orders with regard to the rights of parties for the aforesaid purpose, after hearing all parties concerned including petitioner and respondent no.8 in accordance with law before 10.11.2023. No unnecessary adjournment shall be granted by the Additional Commissioner concerned including on the ground of strike of lawyers.

¶6With the aforesaid direction, present writ petition is disposed of. [Manish Kumar,J.] [Vivek Chaudhary,J.] Order Date :- 3.11.2023 Sachin High Court of Judicature at Allahabad, Lucknow Bench