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2025 DAILYLAW 113291 (ALL)

TALEVAR SINGH v. STATE OF U.P. AND 4 OTHERS

WRIC/43107/2024 · 2025-05-14

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81790 Court No. - 33 Case :- WRIT - C No. - 43107 of 2024 Petitioner :- Talevar Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dharmendra Singh,Lalit Kumar Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C. Hon'ble Prakash Padia,J. 1. The petitioner has preferred the present petition inter alia with the following prayer:- "I. Issue a writ in the nature of certiorari calling the records of the case and quash the notice dated 04.11.2024 and stay the demolition process in compliance of the order dated 12.03.2024 passed in Case No. 671 of 2020 under Section 67 of the U.P. Land Revenue Code, 2006 passed by respondent No.3 till disposal of the objection dated 10.12.2024 and conclusion of demarcation process initiated under Section 20/24 of the U.P. Land Revenue Code Rules, 2016 (Annexure no.3 to the writ petition) and or till finalizing the appeal no. nil of 2024 (Dt. 10.12.2024) Talevar Singh Vs. Gaon Sabha and another filed before the District Magistrate/ Collector Firozabad (Annexed as Annexure no.4 to the writ petition). II. Issue a writ in the nature of mandamus directing the respondent to conclude the demarcation proceedings in pursuance to the application dated 10.12.2024 (Annexed as Annexure no.3 to the writ petition) within the stipulated period and till conclusion of the same no coercive steps may be taken against the petitioner in compliance of the order dated 12.03.2024 passed in Case No. 671 of 2020 passed by respondent no.3." 2. Against the order dated 12.03.2024 passed in Case No. 671 of 2020 under Section 67 of the U.P. Land Revenue Code, 2006 passed by the Tehsildar Jasrana, a statutory appeal was filed by the petitioner as provided under section 67(5) of the Land Revenue Code, 2006 before the District Magistrate, Firozabad, District Firozabad on 10.12.2024. Alongwith said appeal an application for the grant of interim relief was also filed. 3. It is argued that though statutory appeal filed by the petitioner is pending consideration before the appellate authority, wholly illegally a notice dated 18.06.2024 was issued by the Tehsildar to the petitioner to remove the unauthorized construction within a period of 15 days, copy of the same has been appended as Annexure No. 2 to the present petition. In this view of the matter, it is argued that till the disposal of the stay application filed in support of aforesaid appeal no coercive steps be taken against the petitioner in compliance of the order dated 12.03.2024 in Case No. 671 of 2020 passed by respondent no.3. 4. In the facts and circumstances of the case and without entering into merits of the case, the present petition is disposed of directing the appellate authority to decide the stay application filed by the petitioner expeditiously and preferably within a period of two months from today. 5. Till the time decision is taken by the appellate authority or for a period of three months from today whichever is earlier, no coercive action shall be taken against the petitioner. Order Date :- 15.5.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad