SURESH KUMAR SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE,LKO. AND 5 OTHERS
WPIL/339/2025 · 2025-04-09
Pankaj Bhatia
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 132663 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132663 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19917 Court No. - 6 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 339 of 2025 Petitioner :- Suresh Kumar Shukla Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue,Lko. And 5 Others Counsel for Petitioner :- Mukesh Kumar Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner.
2. The present petition has been filed by the petitioner alleging that despite an order passed for eviction under Section 67 of the U.P. Revenue Code, 2006, steps are being taken for raising constructions over the encroached property.
3. It is informed at the Bar that against an order of eviction passed under Section 67 of the Code, an Appeal No.4754 of 2024 is pending before the ADM (Judicial). It is stated that no interim order has been passed and despite pendency of the appeal, the constructions are being raised.
4. In view of the said allegations, the present petition is
disposed of permitting the petitioner to file an application bringing on record, the fact that the constructions are being raised despite an eviction order, in Appeal No.4752 of 2024. In case, such an application is filed before the appellate authority, the appellate authority shall pass orders thereupon within a period of one week in accordance with law. The appellate authority shall also endeavour to decide the Appeal No.4752 of 2024 itself within a period of four months from today.
Order Date :- 9.4.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench