Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 134384 (ALL)

UMESH DUTT PANDEY v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS

WRIC/3651/2025 · 2025-04-17

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:21777 Court No. - 7 Case :- WRIT - C No. - 3651 of 2025 Petitioner :- Umesh Dutt Pandey Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Ambrish Tripathi Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard. The present writ petition has been filed for the following relief:- "(i) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 4 to comply and execute the order dated 23.03.2018, passed by opposite party no.4 in Case bearing Nos.62/62/104/131/158/2008-09 Computerized Case no. T-20090830671, titled as Gaon Sabha vs. Ram Shabd, U/s- 122 kh of U.P.Z.A. & L.R. Act, 1950, by which opposite parties no. 6 has been evicted over the Gram Sabha Land, illegally encroached by him bearing Gata No. 459/0.0810 hec. which is recorded as "Panchayat Ghar" in the revenue extract of village concerned order passed by Tehsildar/Assistant Collector, Tarabanj, Gonda. (ii). Issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 4 to decide the representation of petitioner dated-28.09.2024 & 05.10.2024 filed for execution of the order dated- 23.03.2018, under Para 460 of U.P. revenue Court Manual, pending before him within specific time frame as court may deem fit just and proper contained as Annexure No. 1, to this writ petition." Learned StateCounsel Sri Rajendra Prasad Maurya based upon the instructions provided by the Tehsildar, Tarabganj, Gonda, copy of which is taken on record, stated that the opposite party no.6 could not be evicted in terms of order dated 23.03.2018 in relation to which the present petition for the relief quoted above has been filed for the reason that the restoration application is pending before the Tehsildar as also that the said application would be decided within a period of three months. Considering the aforesaid, the present writ petition is disposed of in the following terms:- (i) The Tehsildar, Tehsil-Tarabganj District Gonda would decide the application of opposite party no.6 within a maximum period of three months. The time for disposal of the application has been fixed taking note of the fact that the initial order was passed on 23.03.2018 and seven years have elapsed. (ii) For the purposes of disposal of the application , the opposite party no.4 shall avoid unnecessary adjournments. (iii) The liberty to approach this Court again is provided to the petitioner, if cause arises. . (Saurabh Lavania,J.) Order Date :- 17.4.2025 dk/ Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench