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2025 DAILYLAW 131904 (ALL)

CHANDRA PRASAD v. STATE OF U.P. THRU. SECY. REVENUE DEPTT., LKO. AND OTHERS

WRIC/3259/2025 · 2025-04-05

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19127 Court No. - 7 Case :- WRIT - C No. - 3259 of 2025 Petitioner :- Chandra Prasad Respondent :- State Of U.P. Thru. Secy. Revenue Deptt., Lko. And Others Counsel for Petitioner :- Sanjeev Kumar Shukla Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. The instant application has been filed seeking following main relief(s):- "I-Issue a writ order or direction in the nature of Mandamus commanding the opposite party no. 02 to 6 to removed and clearing the waterlogging caused by unauthorized embankments by the opposite party no-8 and his family mambers on the public road going from villager Lamhardar house to Ashapur village in front of the petitioner house according Under Section-26 land Revenue Act, 2006 in the interest of justice. II-Issue a writ order or direction in the nature of Mandamus commanding the opposite party no. 02 to 6 decide the representation moved and served the petitioner on dated 8-1-2025, 13-3-2024, 14-2-2025, 29-10-2024, 13-7-2024 according to Under Section -26 Uttar Pradesh Code Rules, 2006 in the interest of justice." On being confronted, learned counsel for the petitioner says that he may be permitted to withdraw the present petition with liberty to the petitioner to move appropriate application in terms of Section 26 of U.P. Revenue Code, 2006 (in short "Code of 2006") before the appropriate Authority/Tehsildar concerned, which may be directed to be decided expeditiously. The aforesaid has not been opposed. In view of the above, the instant application is dismissed as withdrawn. It is however with liberty to the petitioner to move appropriate application in terms of Section 26 of the Code of 2006 before the appropriate Authority/Tehsildar concerned. In case, such an application is moved, the Authority/Tehsildar concerned is directed to consider and decide the same expeditiously, as per law. Order Date :- 5.4.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench