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2025 DAILYLAW 104994 (ALL)

SHRI THAKUR RAGHUNATH JI MAHARAJ v. STATE OF U.P. AND 3 OTHERS

A482/37187/2024 · 2025-05-04

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71514 Court No. - 84 Case :- APPLICATION U/S 482 No. - 37187 of 2024 Applicant :- Shri Thakur Raghunath Ji Maharaj Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Adya Prasad Tewari Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to direct the Sub Divisional Magistrate, Tehsil Patiyali, District Kasganj to pass specific order in compliance of order dated 06.09.2023 passed by the Third Additional Sessions Judge, Kasganj in Criminal Revision No. 73 of 2022 (Shri Thakur Raghunath Ji Maharaj Vs. State of U.P. and another), arising out of a proceeding u/s 145 Cr.P.C. as early as possible with regard to the possession over the attached property. 3. Counsel for the applicant submits that vide order dated 06.09.2023, learned Revisional Court has passed following order. Para Nos. 22 and 23 are quoted as under:- "22. The revision is partially allowed and the impugned order dated 31-10-22 passed by the SDM Patiyali, Kasganj in Case no. 01413/2018, State Vs. Harihar Sharma and others U/s 145 CrPC shall remain intact up to the extent of dropping the proceeding under Section 145(1) CrPC and further, it is partially modified to the extent that the observations and findings of implied partition into 1/2-1/2 parts occurring thereof shall stand annulled. 23. It is made clear that no observations occurring in this order shall have any bearing on the merit consideration of the said civil suits and all the submissions of the parties shall remain open in the said suits, which shall be dealt with strictly in accordance with law and till the final judgment of the civil suit, the parties shall strictly adhere the admitted unregistered will executed on 27-07-1974 and keep maintain status quo in compliance of the order dated 07-11-19 passed by the ADJ- FTC-2, Kasganj. This way, the Revision is disposed of accordingly." 4. Thereafter, applicant submitted an application along with Revisional Court order dated 06.09.2023 before concerned S.D.M on 16.03.2022 and on 22.09.2023, the S.D.M. has not passed any order in pursuance of Revisional Court Order dated 06.09.2023 and has not given any heed on the application of the applicant, which is pending since 2023. 5. Learned A.G.A. has no objection if authority concerned is directed to decide the matter. 6. In view of the submission made by learned counsel for the applicant, the Opposite Party No. 2, the Sub Divisional Magistrate, Tehsil Patiyali, District- Kasganj, is hereby directed to decide the representation/application of the applicant moved in pursuance of order dated 06.09.2023 passed in Criminal Revision No. 73 of 2022 (Shri Thakur Raghunath Ji Maharaj Vs. State of U.P. and another) within a period of two months in accordance with law from the date of production of certified copy of this Court. 7. With the aforesaid directions, the present 482 Cr.P.C. application stands disposed of. Order Date :- 5.5.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad