Guddan vs State Of U P And 6 Others
2019 Latest Caselaw 1263 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 16
 

 
Case :- WRIT - C No. - 9246 of 2019
 

 
Petitioner :- Guddan
 
Respondent :- State Of U P And 6 Others
 
Counsel for Petitioner :- Braj Mohan Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajiv Joshi,J.

Heard Sri Braj Mohan Singh and learned Standing counsel on behalf of State-respondents.

The present writ petition has been filed for challenging the order passed by the appellate authority whereby the earlier order was set aside and the matter was remitted to the Tehsildar to decide the matter afresh. Against that order revision was filed but the same was dismissed.

Contention of learned counsel for the petitioner that the civil suit between the parties was filed in Original Suit No. 166 of 16 for cancellation of will deed in question is pending and therefore, there is no justification for mutating court to remand the matter and to decide afresh.

Matter requires consideration.

Learned Standing counsel has accepted notice on behalf of the respondent no. 1 to 4.

Issue notice to the respondent no.s 5 to 7 returnable at an early date. Steps be taken within two weeks.

All the respondents are directed to file counter affidavit within six week. Rejoinder affidavit, if any, may be filed within another two weeks.

Till the next date of listing further proceedings pursuant to the remand order shall remain stayed.

Order Date :- 14.3.2019

Akbar