Allahabad High Court

WRIC/17962/2026 of BABULAL Vs STATE OF U.P. AND 4 OTHERS on 6 May 2026

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JUDICATURE AT ALLAHABAD WRIT - C No. - 17962 of 2026 Court No. - 36 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and perused the records. 2. This petition has been filed for the following reliefs: "i) Issue a

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 17962 of 2026

Court No. - 36

HON'BLE MANISH KUMAR NIGAM, J.

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1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and perused the records.

2. This petition has been filed for the following reliefs: "i) Issue a writ, order or direction in the nature of Certiorari quashing the entire proceedings of Case No. 5206 of 2025 (Computerised Case No. T202501500505206), titled Khemraj Singh vs. Babulal, purportedly instituted under Section 26 of the U.P. Revenue Code, 2006, pending before the Court of the learned Tehsildar, Tehsil Mahawan, District Mathura.

ii) Issue a writ, order or direction in the nature of Mandamus directing the learned Tehsildar, Tehsil Mahawan, District Mathura, not to proceed further in the aforesaid case, being wholly without jurisdiction, non- maintainable, and in violation of settled principles of law.

iii) Issue a writ, order or direction in the nature of Mandamus. commanding the concerned authorities to decide the preliminary objections filed by the Petitioner regarding maintainability of the proceedings, strictly in accordance with law and within a stipulated time."

3. In view of judgment passed in K. Valarmathi v. Kumarsan reported in 2025 INSC 606 passed in SLP (C) No. 21466 of 2024 decided on Versus Counsel for Petitioner(s) : Parvesh Kumar Pandey, Sarvesh Kumar Pandey Counsel for Respondent(s) : C.S.C. Babulal .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)

29.04.2025, a plaint or proceedings cannot be quashed in exercise of power under Article 226/227.

4. Learned counsel for the petitioner submitted that the petitioner has already filed objections to the proceedings.

5. Since the objections filed by the petitioner are pending, no useful purpose would be served in keeping this petition pending.

6. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No. 4 to consider and decide the aforementioned objections of the petitioner, in accordance with law, after giving opportunity of hearing to the parties concerned. May 7, 2026 Ved Prakash WRIC No. 17962 of 2026 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad

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