MAHESH KUMAR MISHRA v. STATE OF U.P. THRU. SECY. DEPTT. OF REVENUE, LKO. AND OTHERS
WRIC/3547/2025 · 2025-04-16
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133708 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133708 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21356 Court No. - 7 Case :- WRIT - C No. - 3547 of 2025 Petitioner :- Mahesh Kumar Mishra Respondent :- State Of U.P. Thru. Secy. Deptt. Of Revenue, Lko. And Others Counsel for Petitioner :- Utkarsh Singh Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard Ms Pallvi Singh, Advocate holding brief of Shri Utkarsh Singh,
learned counsel for the petitioner, Shri Rajendra Prasad Maurya, learned Standing Counsel for the State/opposite party Nos. 1 and 2 as well as Shri Mohan Singh, learned counsel for the opposite party No.3 and perused the record. In view of order proposed to be passed, issuance of notice to the private- opposite party, if any, is hereby dispensed with. The instant petition has been preferred seeking following main relief:-
"(i) Issue a writ, order or direction in the nature of Mandamus commanding opposite party No.2/Tehsildar, Tehsil Musafirkhana, District Amethi to remove the encroachment of opposite party No.4 from the land Gata No.618, area 0.019 Hect. situated at Village Pindara Mahraj, Tehsil Musafirkhana, District Amethi and recover compensation of Rs.76000/- along with execution expenses of Rs.1000/- in pursuance of the order dated 04.11.2024 passed by him in Case No.4572/2022, computerized case No.T202204710204572, Lekhpal Versus Shyam Deen, Under Section 67 of Uttar Pradesh Revenue Code, 2006 pending before him, contained as Annexure No. 1 to the Writ Petition." Learned Standing Counsel as well as learned counsel for the opposite party No.3 have stated that the proceedings for removal of encroachment, in compliance of the order dated 04.11.2024, would be completed most expeditiously. In view of the aforesaid, the present writ petition is disposed of with a direction to the opposite party No.2 to remove the encroachment in compliance of the order dated 04.11.2024, expeditiously preferably within a period of three months from the date of production of certified copy of this order, if there is no other legal impediment in this regard. 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 :- 16.4.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench