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2025 DAILYLAW 134508 (ALL)

RAMA DEVI AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. PRIN. SECY. DEPTT. OF REVENUE, LKO. AND 4 OTHERS

WRIC/3665/2025 · 2025-04-28

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24176 Court No. - 7 Case :- WRIT - C No. - 3665 of 2025 Petitioner :- Rama Devi And 2 Others Respondent :- State Of U.P. Thru. Addl. Prin. Secy. Deptt. Of Revenue, Lko. And 4 Others Counsel for Petitioner :- Amit Kumar Singh,Shubhranshu Verma Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Saurabh Lavania,J. Personal affidavit of S.D.M. concerned filed in the Court today is taken on record. Vakalatnama filed by Sri Vimal Kishore Verma, Advocate alongwith Sri Harsh Verma, Advocate & Ms. Rashmi Shukla, Advocate on behalf of the respondent No. 5/Ram Singh in the Court today is also taken on record. Heard learned counsel for the petitioner and Sri Yogesh Kumar Awasthi, learned State counsel. By means of this petition, the petitioners have sought the following main relief(s):- "(i) Issue a writ, order or direction in the nature of certiorari quashing/set-aside the proceeding ofcase no. 9545/2019 computerised case no. T201910430109545 (Gram Panchayat Saidhari vs Ram Singh) under section 67 U.P Revenue Code 2006 which is instituted upon the petitioner's building situated upon Gata no. 886 Village Saidhari, Tehsil Lakhimpur District Kheriby opposite party No. 3 as contained in Annexure No.1 to this writ petition. (ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 3 not to demolish the petitioner's premises situated on gata no. 886 village saidhari, tehsil Lakhimpur, District Kheri. (iii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 3 to take final decision on the objection filed by petitioners." Taking note of the contents of the personal affidavit filed in the Court today and also the issue involved in the present case, the present petition is disposed of with liberty to the petitioners, who as per their case are the owner of the property in relation to which proceedings in issue under Section 67 of U.P Revenue Code, 2006 is pending, to approach the respondent No. 3/Tehsildar (Nyayik), Tehsil- Lakhimpur, District- Kheri and press his application for impleadment, which is pending consideration, as also based upon the material available on record before this Court, which the respondent No. 3 would consider and pass appropriate orders thereupon in accordance with law. The petitioner is also at liberty to raise the issue of maintainability of the proceedings. If such issue is raised, the same shall also be considered and decided first by the authority concerned and thereafter, he shall proceed in the matter, as allegation is that the authority concerned is proceeding against respondent No. 5/Ram Singh, who is the tenant of the petitioners. Till decision in the proceedings is taken by the authority concerned, the parties are directed to maintain status-quo with regard to property in issue. The instant petition is disposed of in above terms. Order Date :- 28.4.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench