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2025 DAILYLAW 128964 (ALL)

ANIL KUMAR TIWARI v. STATE OF U.P. THRU. SECY. REVENUE LKO. AND 4 OTHERS

WRIC/2688/2025 · 2025-03-19

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15827 Court No. - 7 Case :- WRIT - C No. - 2688 of 2025 Petitioner :- Anil Kumar Tiwari Respondent :- State Of U.P. Thru. Secy. Revenue Lko. And 4 Others Counsel for Petitioner :- Vikas Verma,Abhishek Srivastava,Shweta Srivastava Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. The present petition has been filed for the following main relief:- "i. Issue a writ, order or direction in the nature of certiorari quashing the impugned judgment and order dated 07.10.2024 (Annexure No. 7) passed by the Collector/District Magistrate Pratapgarh in the case no. 742 of 2024 computerized case no. D202402570000742 Jai Narayan Tiwari v Gaon Sabha under Section 67 (5) of UP Revenue Code, 2006. ii. Issue a writ, order or direction in nature of mandamus directing the respondent no. 1 to 4 to remove the illegal encroachment and construction of pucca house by the respondent no. 5 over Gata no. 28/0.291 hectare in the part of 0.019 hectare situated at village Poorey Bansidhar, Pargana and Tehsil Patti District Pratapgarh as it is record as village pond 'talab' in the revenue records." At the very outset, Sri Upendra Singh, learned State Counsel has raised preliminary objection regarding maintainability of the present petition on the ground that petitioner is having statutory remedy of filing revision. The remedy available has not been disputed by learned Counsel for the petitioner. Considering the aforesaid, this Court is not inclined to interfere in the impugned order and accordingly it is dismissed, with liberty to the petitioner to file revision, which shall be considered and decided by the revisional authority, if filed, after providing proper opportunity of hearing to the concerned parties, expeditiously. With the aforesaid, the present petition is dismissed. Order Date :- 19.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench