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2025 DAILYLAW 134388 (ALL)

SANTRAM VERMA AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS

A227/2154/2025 · 2025-04-17

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21669 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2154 of 2025 Petitioner :- Santram Verma And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Vipin Kumar Mishra Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard. In view of order proposed to be passed, issuance of notice to the private- respondent(s) is hereby dispensed with. At the very outset, learned Counsel for the petitioners says that Gata No. 8186/0.809 Hect., indicated in paragraph-3 and prayer clause could not be corrected inadvertently at the time of filing of the present petition, though ought to be and in place of Gata No. 8186/0.809 Hect. indicated in paragraph no.3 and prayer clause, be read as Gata No. 3186/ 0.809 Hect., which is correct and the same is apparent from the copy of Form CH-45, annexed as Annexure No.3, to the present petition. Prayer is acceded. The present petition has been filed for the following main relief:- "A. Issue a order or direction for commanding and directing to the opposite party no. 2 to decide the stay application at the stage of admission of pending Revision no. C202404000002696 Santram vs. Gram Sabha Pachhiyana and others U/s 210 of U.P. Revenue code 2006 & also direct to the opp. parties no. 3 & 4 not to disturb the peaceful possession of the petitioners and maintained status quo over land gata no. 8186/0.809 Нес. situated at Village-Pachhiyana, Manikapur, Pargana Pacshim Rath, Tehsil Bikapur, District-Ayodhya as they are recorded tenure holder of the land in question as contained in Annexure No.8&9 to this petition in the interest of justice." Considered the facts of the case which appears from the record that Gata No. 3186/0.809 Hect,situated at Village-Pachhiyana, Manikapur, Pargana Pacshim Rath, Tehsil Bikapur, District-Ayodhya, was provided to the petitioners in terms of order dated 20.01.2025, annexed as Annexure No.2 to the present petition, and over this Gata the official were intend to carve out a 'Chak Marg' and therefore the application under Section 30 of U.P. Revenue Code, 2006 (in short 'Code of 2006') was preferred and the same was rejected vide order dated 06.09.2024 after taking note of the report dated 28.08.2024 submitted by the revenue official and on coming to know the order of rejection on application for want of prosecution, the petitioner well within the time preferred the revision i.e. on 16.10.2024 as also interim relief application, but till date neither revision has been decided, though the same ought to have been decided preferably within six months, nor the application seeking interim protection has been decided. Upon due consideration of the aforesaid including that the State is contesting party, the present petition is disposed of with direction to opposite party no.2 to consider the prayer of the petitioner made in the application seeking interim protection on the next date fixed i.e. 02.05.2025 as informed by the learned Counsel for the petitioners, and pass appropriate orders, after affording full opportunity of hearing to the parties and if for some reason on the next date fixed, order could not be passed, the application in issue, shall be disposed of finally within 15 days thereafter, 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 :- 17.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench