VINOD KUMAR SAHU v. STATE OF U.P. THRU. PRIN. SECY. (REVENUE DEPTT.), LKO. AND 5 OTHERS
WRIC/2888/2025 · 2025-03-27
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130069 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130069 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:17519 Court No. - 7 Case :- WRIT - C No. - 2888 of 2025 Petitioner :- Vinod Kumar Sahu Respondent :- State Of U.P. Thru. Prin. Secy. (Revenue Deptt.), Lko. And 5 Others Counsel for Petitioner :- Ashish Raman Mishra Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the petitioner, Shri Hemant Kumar Pandey, learned State Counsel and Sri Pankaj Gupta, learned Counsel for the Gaon Sabha. . 2. The instant writ petition has been filed praying for following main reliefs:
"1. Issue a Writ, Order or Direction in the nature of Mandamus commanding the Opposite Party No. 2 to 4, for removal of illegal /unlawful encroachment of the Private Opposite Parties No-6 from the Public Utility Road i.e. Gata No. 457, Area - 0.022 Hect. of Village Govindapur, Pergana, Tehsil & District - Bahraich, which is recorded as Abadi" in the revenue records, in pursuance of order dated 11-08-2023 passed by opposite party no 4, in Suit No 4340 Of 2017, Computerized Case No T2017081546014340, Gram Samaj V/S Harishchandra under section 67 of Land Revenue Code 2006. II. Issue a Writ, Order or Direction in the nature of Mandamus commanding the Opposite Party No. 4 to execute his order dated 11-08-2023 passed in Suit No-4340 Of 2017, Computerized Case No-T2017081546014340, Gram Samaj V/S Harishchandra under section 26 of Land Revenue Code 2006. III. Issue a Writ, Order or Direction in the nature of Mandamus commanding the Opposite Party No. 4, to take necessary action upon the application of petitioner dated 05-12-2024 for removal of illegal encroachment of the Private Parties no - 6 from the Public Utility Land."
3. Taking note of the facts, as appears from the instructions dated 26.03.2025 received from Sub Divisional Magistrate, Sadar, Bahraich, placed before this Court by Shri Hemant Kumar Pandey, learned State Counsel, a copy of which is taken on record, that an application seeking recall of order in relation to which the present petition has been filed and is pending consideration before the respondent no.4/ Tehsildar - Nyayik, Tehsil - Sadar, Bahraich, this Court is not inclined to entertain the present petition at this stage for the reliefs sought. Accordingly, the instant petition is disposed of with direction to the respondent no.
4 to decide the application for recall, within a period of 30 days from the next date fixed in the case. It is for the reason that the proceedings related to Section 67 of U.P. Revenue Code, 2006 shall be concluded within a period of ninety days. Order Date :- 27.3.2025/Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench