Allahabad High Court
MAHESH CHANDR AND 3 OTHERSversusSTATE OF U.P. AND 8 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The order of the Collector is lawful and the writ petition is dismissed.
Summary
The petitioners filed a writ petition challenging an order dated 28-10-2024 passed by the Collector of Firozabad under Section 128 of the U.P. Revenue Code, 2006, which stayed proceedings for cancellation of a lease granted to them. They sought a writ of certiorari to quash the order, a writ of mandamus directing the respondent to decide issues of maintainability, limitation and the effect of pending writ proceedings, and a restraining order against coercive steps. The High Court examined the impugned order and found that the Collector had lawfully stayed the lease cancellation proceedings on the basis of an interim order granted in a related writ filed by the private respondents. The Court held that no illegality was committed by the lower authority. Consequently, the petition was dismissed for lack of merit.
Issues considered
- Whether the order of the Collector dated 28-10-2024 under Section 128 of the U.P. Revenue Code, 2006 is illegal and liable to be quashed.
- Whether the respondent is bound to decide the maintainability, limitation and effect of pending writ proceedings before the Collector.
- Whether a restraining order should be issued to prevent coercive steps against the petitioners' possession.
Legislation cited
- U.P. Revenue Code, 2006 — s. 128
Subjects
- writ of certiorari
- writ of mandamus
- lease cancellation
- Section 128
- U.P. Revenue Code
- maintainability
- limitation
- stay order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 18975 of 2026
Mahesh Chandr And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashish Mishra
Counsel for Respondent(s) : Avinash Chandra Srivastava, C.S.C.
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2.This writ petition has been filed seeking following relief :-
"1. Issue a writ of certiorari quashing the order dated 28.10.2024 passed
by the Court of the Collector, Firozabad in Case No. 1462 of 2017
(Suresh and Others vs. Suresh and Others) under Section 128 of the U.P.
Revenue Code, 2006; and
2. Issue a writ of mandamus commanding respondent no.2 to decide the
question of maintainability, limitation, and effect of pending writ
proceedings first, strictly in accordance with law;
3. Issue a writ/order restraining respondents from taking coercive steps
against petitioner's possession pursuant to impugned order;"
3. I have perused the order impugned, from which, it is clear that proceedings were
initiated against the petitioner under Section 128 of the U.P. Revenue Code, 2006 for
cancellation of lease granted to the petitioner by the private respondents. By the order
impugned, the said proceedings have been stayed on the ground that in a writ filed by
the private respondents regarding cancellation of their lease, an interim order has been
granted by this Court.
4. No illegality has been committed by the Court below in passing the order
impugned.
5. The writ petition lacks merit and is accordingly dismissed.
May 14, 2026
Rishabh
(Manish Kumar Nigam,J.)
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
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