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2025 DAILYLAW 129057 (ALL)

RANGILAL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF REVENUE U.P. LKO. AND 4 OTHERS

WRIC/2703/2025 · 2025-03-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16460 Court No. - 7 Case :- WRIT - C No. - 2703 of 2025 Petitioner :- Rangilal Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revenue U.P. Lko. And 4 Others Counsel for Petitioner :- Nishi Srivastava,Adarsh Srivastava Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. The present petition has been filed for the following main relief:- "(i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the order dated 05.08.2024 passed by the opposite party No.2 to the extent penalty of Rs. 1,82,400/- and also pay Rs. 5000/- for filing of instant case before him imposing upon the petitioner contained as Annexure No.1 to this writ petition." Taking note of the prayer sought in the present petition and the order dated 05.08.2024 as also the fact that the petitioner namely Rangilal s/o Shambu Lal, r/o Mauja-Parsa, Nasirganj, Pargana Hisampur, Tehsil-Kaiserganj, Dictrict-Bahraich, is residing with his family over the part of Gata No. 66M/0.967 Hect. recorded under 'Shreni-1(ka)" after constructing the house as also that for the damages to the tune of Rs. 1,82,400/- and cost of Rs. 5,000/-, the Collector Bahraich, has not recorded any reason after taking note of relevant facts and provisions in this regard, this Court is of the view that applicant/petitioner is entitled to get the relief, as sought. Accordingly, the present petition is allowed and the order dated 05.08.2024 passed by the opposite party no.2, to the extent of amount of damages i.e. Rs. 1,82,400/- and cost of Rs. 5,000/-, is hereby set aside. The matter is remitted back to the Collector Bahraich, for passing appropriate order only with regard to the damages and cost after taking note of entire facts of the case as also the relevant provisions in this regard, within a period of four months, from today. Learned State Counsel is directed to communicate this order to the Collector/District Magistrate, Bahraich. Order Date :- 21.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench