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2025 DAILYLAW 11705 (ALL)

AMRIT LAL AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIC/2753/2025 · 2025-02-27

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28074 Court No. - 34 Case :- WRIT - C No. - 2753 of 2025 Petitioner :- Amrit Lal And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kuldeep Singh,Pankaj Kumar Gupta,Prashant Kumar Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This petition has been filed for the following relief: "(i) a writ, order or direction in the nature of certiorari quashing the impugned order dated 14.12.2024 passed by Assistant Collector / Tehsildar, Tehsil- Handia, District Prayagraj, respondent No. 3 in Case No. 1618 of 2016, Computerized Case No. T20160203041618 (Gaon Sabha Vs. Amrit Lal & other) under Section 67 of U.P. Revenue Code, 2006 (Annexure No. 1 to this writ petition)." 3. Contention of the learned counsel for the petitioner is that an order dated 14.12.2024 has been passed by the Assistant Collector in proceedings under Section 67 of U.P. Revenue Code, 2006. Against the said order, the petitioner has preferred an appeal which is pending before respondent no. 2. Despite pendency of the appeal, the respondents are threatening the petitioner and there are every chances that the constructions of the petitioner will be demolished. It is further contended by learned counsel for the petitioner that orders passed under Section 67 of U.P. Revenue Code, 2006 are subject to orders passed under Section 67(5) of U.P. Revenue Code, 2006. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending and a direction may be issued to respondent no. 2 to decide the appeal of the petitioner. 5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No. 2 to consider and decide the aforementioned appeal filed by the petitioner, in accordance with law, expeditiously, after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. 6. It is further provided that till the disposal of the appeal, the operation of order dated 14.12.2024, passed by respondent no. 3, shall remain stayed. Order Date :- 28.2.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad