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2025 DAILYLAW 121962 (ALL)

SMT. SAMPATA DEVI AND 2 OTHERS v. STATE OF U.P. THRU. DISTRICT PROVISIONARY OFFICER, COLLECTORATE LKO. AND 7 OTHERS

A227/632/2025 · 2025-02-07

Brij Raj Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7936 Court No. - 28 Case :- MATTERS UNDER ARTICLE 227 No. - 632 of 2025 Petitioner :- Smt. Sampata Devi And 2 Others Respondent :- State Of U.P. Thru. District Provisionary OfÏcer, Collectorate Lko. And 7 Others Counsel for Petitioner :- Pal Singh Yadav,Ashish Kumar Singh,Prathama Singh Counsel for Respondent :- G.A.,Aprajita Bansal Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner, learned A.G.A. and Ms. Aprajital Bansal, learned counsel for the Electricity Department. 2. The present petition has been within the following prayers:- "i. To pass appropriate order or direction, directing the opposite party nos. 2 and 3 to permit the petitioners to enter and reside in shared house and not create any hindrance in peaceful livelihood of the petitioners. ii. To pass a direction to the learned A.C.J.M.- III, Lucknow to decide the application under Section 23 (2) of the D.V. Act filed in Case No. 6296 of 2024 under Section 12 D.V. Act. for ad-interim relief forthwith like as exparte on merit on the next date fixed on 7.2.2025." 3. After hearing learned counsel for the parties and after perusal of the record fact comes out that an ad-interim application had already been moved before the A.C.J.M.- III, Lucknow but no decision has been taken as yet and the the application is listed today. 4. Learned counsel for the petitioner also submits that the petitioners have been evicted from the house in question and petitioner no. 1 is mother of the opposite party no. 4. 5. Learned A.G.A. on the basis of the instruction states that the petitioner are not residing in District- Gonda. 6. The instruction produced by the learned A.G.A. is taken on record. 7. In the present scenario, the writ petition is disposed of with a direction to the court concerned to decide the ad-interim relief application by pre-poning after giving opportunity of hearing to the concerned parties within 10 days from today, if it has not been decided. 8. It is made clear that merits of the the case has not considered by this Court and the trial court is directed to pass appropriate orders in accordance with law after considering all the pleas made by the parties and evidence available on record. [Brij Raj Singh, J.] Order Date :- 7.2.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench