Dev Dutt Pathak Vs State of Up and 11 Others

Neutral Citation No. - 2025:AHC:117978

Court No. - 35

Case :- WRIT - C No. - 32897 of 2024 Petitioner :- Dev Dutt Pathak Respondent :- State Of Up And 11 Others Counsel for Petitioner :- Udai Chandani Counsel for Respondent :- C.S.C.,Surya Prakash Pandey

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Sri Udai Chandani, learned counsel for the petitioner, Sri Nandlal Maurya, learned standing counsel appearing for the State-respondents and Sri Surya Prakash Pandey, learned counsel appearing on behalf of the private respondent nos. 5 to 10.

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By means of the present writ petition the petitioner has prayed for the following relief:

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"i. Issue a suitable writ, order or direction in the nature of certiorari quashing the judgment dated 30.04.2024 passed by the respondent no. 2 in Case No. RST/01427/2019 bearing Computerized Case No. C201914000001427 (Savitri Devi vs. Prabhu Nath Mishra & others) under Section 207 of U.P. Revenue Code, 2006 as well as against the judgment dated 10.04.2017 (Against Final Decree) passed by respondent no. 3 in Case No. D201814700004667 under Section 116 of U.P. Revenue Code, 2006.

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ii. Issue a suitable writ, order or direction in the nature of mandamus restraining the respondent nos. 5 to 10 not to create any third party right relating to the properties involved in the dispute pending before the respondent no. 11 in Second Appeal No. 2933 of 2024 (Dev Dutt Pathak vs. State of U.P. & others) under Section 208 of U.P. Revenue Code, 2006, District Varanasi.

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iii. Issue a suitable writ, order or direction in the nature of mandamus directing the respondent no. 11 to decide the Second Appeal No. 2933 of 2024 (Dev Dutt Pathak Vs. State of U.P. & others) under Section 208 of U.P. Revenue Code, 2006, District-Varanasi within a stipulated period."

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The submission of the learned counsel for the petitioner is that by means of the present writ petition the petitioner has assailed the judgment and order dated 10.04.2017 passed by the Deputy Collector (Revenue), Varanasi / respondent no. 3 as well as the order dated 30.04.2024 passed by the Commissioner, Varanasi Division, Varanasi / respondent no. 2 in Case No. RST/01427/2019.

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The submission of the learned counsel for the petitioner is that the petitioner has filed a second appeal before the learned Board of Revenue under Section 208 of U.P. Revenue Code, 2006, which has been registered as Second Appeal No. 2933 of 2024 but the same is pending for adjudication since 27.08.2024.

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Learned counsel appearing on behalf of the respondents has opposed the present writ petition on the ground that since the petitioner has already challenged the said orders dated 10.04.2017 and 30.04.2024 by means of the

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second appeal under Section 208 of the U.P. Revenue Code, 2006 before the learned Board of Revenue, therefore, the writ petition under Article 226 of the Constitution of India assailing the same orders, is not at all entertainable.

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Confronted with the aforesaid objection, learned counsel appearing for the petitioner submits that he does not want to press the prayer nos. (i) and (ii) as quoted herein above at this stage. He prayed that the present writ petition be disposed of by taking into consideration the prayer no. (iii) of the writ petition as quoted herein above.

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Learned counsel for the respondents did not raise any serious objection in respect of the prayer no. (iii) as quoted herein above.

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Accordingly, without adverting on merits of the case, this Court deems it appropriate to finally dispose of the present writ petition with a direction to learned Board of Revenue at Allahabad (respondent No. 11), to decide the Second Appeal No. 2933 of 2024 (Dev Dutt Pathak Vs. State of U.P. & others) under Section 208 of U.P. Revenue Code, 2006 strictly in accordance with law, after affording due opportunity of hearing to the parties concerned, expeditiously and preferably within a maximum period of six months from the date of receipt of a certified copy of this order, unless there is any legal impediment.

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It is also provided herein that in case, if the petitioner presses the application for interim relief filed along with the aforesaid appeal, the same shall be considered by the court concerned, in the light of the judgement passed by the Hon'ble Supreme Court in the case of Mool Chand Yadav & another Vs. Raza Buland Sugar Co. Ltd. Rampur & others , reported in 1982 (3) SCC 484 and the judgement passed by this Court in the case of Ali Sher Vs. State of U.P. through Collector Bijnor & others ; reported in 2007 (102) RD 498 and appropriate orders of the same shall be passed within a maximum period of one month from the date of production of certified copy of this order.

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1o. With the aforesaid direction, the present writ petition is disposed of .

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Order Date :- 21.7.2025 Arif

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Dev Dutt Pathak v. State of Up and 11 Others

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