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Neutral Citation No. - 2025:AHC:39051 Court No. - 33 Case :- WRIT - C No. - 40735 of 2024 Petitioner :- Jaswant Respondent :- State Of Up And 13 Others Counsel for Petitioner :- Pramod Kumar Srivastava,Praveen Chandra Mishra Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Prakash Padia,J.
1. In view of the order proposed to be passed herein, no useful purpose would be served by putting the opposite party to notice and keeping this petition pending before this Court. However, in case the opposite party feels aggrieved by the order his/her right to seek modification/variation of the order is being kept reserved. 2. The present petition has been preferred inter-alia with the following prayers:-
"(I) issue a writ, order of direction in the nature of mandamus directing the respondents to ensure fixing of stones on the boundary of over Plot No.1897 area 0.1830 hectares situtate in Mauja Patulki, Pargana- Sikandara, Tehsil- Phoolpur, District- Prayagraj in pursuance of the final order dated 22.07.2024 passed by Sub Divisional Officer, Tehsil- Phoolpur, District- Prayagraj
in
Case
No.9826/2024,
Computerized
Case No.T202402030209826, Jaswant and another Vs. Jagjeet and others under Section 24 of the U.P. Revenue Code, 2006 (contained in Annexure No.4 to writ petition), within stipulated period to be specified by this Hon'ble Court. (II) issue a writ, order or direction in the nature of mandamus, commanding the respondents 1st set to take appropriate action against the respondents 2nd set for removing the stones from the Plot No.1897 area 0.1830 hectares situate in Mauja Patulki, Pargana- Sikandara, Tehsil-Phoolpur, District- Prayagraj."
3. The proceedings under Section 24 of the U.P. Revenue Code, 2006 was initiated by the petitioner against the private- respondents, namely, respondent nos.5 to 13. In the said proceedings, an order dated 22.07.2024 was passed by the
respondent no.3 in favour of the petitioner. The aforesaid order was implemented on the spot on 31.07.2024 and stones were fixed by the revenue team in the presence of both the parties. 4. It is argued that wholly illegally respondents have removed the stones (Patthar Nasab) and extended threat to the petitioner that if he will again fix the stones, he and his entire family will be eliminated. In this regard, an application was submitted by the petitioner before the respondent no.3 on 18.09.2024, on which, a report was sought for by the concerned Lekhpal.
It is further argued that in the report, it was found that the stones were illegally removed by the private-respondents. The copy of the report dated 30.09.2024 is appended as annexure 7 to the present writ petition. 5. In this view of the matter, it is argued that the respondent no.3 be directed to implement the order dated 31.07.2024 in its letter and spirit. 6. Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos.1 to 3 and Sri Azad Rai, learned counsel for respondent no.4. 7. In the facts and circumstances of the case, the present petition is
disposed of directing the respondent no.3 to look into the matter and decide the same strictly in accordance with law most expeditiously and positively within a period of six weeks from the date of production of certified copy before the respondent no.3 but without granting unnecessary adjournment unless there is no legal impediment.
Order Date :- 18.3.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad