Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 130553 (ALL)

NAGINA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY., DEPTT. OF REVENUE, LKO. AND OTHERS

A227/1674/2025 · 2025-03-27

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:17482 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1674 of 2025 Petitioner :- Nagina And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy., Deptt. Of Revenue, Lko. And Others Counsel for Petitioner :- Sarvesh Kumar Verma Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioners and Sri Yogesh Kumar Awasthi, learned State counsel. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. The instant petition has been preferred seeking following main relief(s):- "i. Issue order or direction to Commanding and directing the opposite party No.2 (Settelment officer of Consolidation Lakhimpur Kheri) to consider and decide the petitioners application for stay/interim Relief Application dated 15-01-2025 pending in Appeal No.189/25, Computerized No. 202545104300000028, Nagina Vs Heera Lal, which is as contained as Annexure No.3 to this petition, which in specified period as prescribe by this Hon'ble Court and till the disposal of the application, stay the operation of the impugned order dated 08-01-2025 passed by the Consolidation Officer Fardahan Kheri in case No. 0002/2023, U/s- 9A (2) of the U.P. C.H. Act under challenged in the appeal and also restrain the opposite party No.3 to not dispossess to the petitioner from the disputed land in the interest of Justice. ii. Issue order or direction to commanding opposite parties and directing the opposite party No.3 to not dispossess the petitioner from the disputed land during the pendency of the appeal No. 189/2025, Under Section-11 (1) of the U.P.CH. Act pending before the Opp. Party No.2 in the interest of Justice." Considering the facts and circumstances of the case and period of pendency of the application in issue dated 15.01.2025, this petition is disposed of with a direction to the respondent No.2/Settlement officer of Consolidation, Lakhimpur Kheri to consider and decide the application in issue dated 15.01.2025 most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party preferably within a period of two months from the date of production of certified copy of this order. It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 27.3.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench