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2025 DAILYLAW 124935 (ALL)

VILLAGE PANCHAYAT, KADIPUR SULTANPUR, THRU. ITS VILLAGE PRADHAN PALTU v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 6 OTHERS

WRIC/1848/2025 · 2025-03-26

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17197 Court No. - 7 Case :- WRIT - C No. - 1848 of 2025 Petitioner :- Village Panchayat, Kadipur Sultanpur, Thru. Its Village Pradhan Paltu Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 6 Others Counsel for Petitioner :- Mohan Singh Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard Sri Mohan Singh, learned counsel for the petitioner/Village Panchayat concerned and learned State counsel. By means of this petition, the petitioner has sought the following main relief(s) :- "i.. Issue a writ, order or direction in the nature of MANDAMUS thereby commanding the opp. Party No. 2 to 4 to remove the illegal encroachment of the encroacher i.e. Opp. Party No. 5 to 7 from the land gata No. 866 measuring area 0.1400 hec, situated at village Gaura Tikari, paragna Aldeytmau, Tahsil Kadipur, District Sultanpur which is recorded as Navin Parti in the revenue record, with immediate effect. ii.. Issue a writ, order or direction in the nature of MANDAMUS thereby commanding the opp. Party No. 2&3 to stop the illegal construction of the opp. party No. 5 over the land gata No. 866 situated at village Gaura Tikari pargana Aldeymau, Tahsil Kadipur, District Sultanpur which is recorded as Navin Parti in the revenue record with immediate effect and take appropriate and strict action against him." In view of remedy as available to the petitioner under Para 460 of U.P. Revenue Court Manual and also Section 67 of U.P. Revenue Code, 2006 (in short "Code of 2006"), the present petition for the main reliefs sought, quote above, to the view of this Court, is not maintainable. The petition is accordingly dismissed, however, with liberty to the petitioner to move appropriate application(s) in terms of para 460 of U.P. Revenue Court Manual and Section 67 of the Code of 2006. Order Date :- 26.3.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench