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2025 DAILYLAW 134913 (ALL)

SANTRAM v. STATE OF U.P. THRU. DISTRICT MAGISTRATE DISTT. AMETHI AND 2 OTHERS

A227/2227/2025 · 2025-04-21

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22281 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2227 of 2025 Petitioner :- Santram Respondent :- State Of U.P. Thru. District Magistrate Distt. Amethi And 2 Others Counsel for Petitioner :- Shailesh Kumar Pathak,Anju Tripathi Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner and Shri Mohan Singh, learned counsel for the respondents. 2. Present petition has been filed challenging the order dated 10.02.2025, whereby the appeal preferred against the injunction order was allowed. 3. From the averments as contained in the plaint, there was no assertion that the land in question was owned by the petitioner, subsequent, it transpired that the land was recorded as Gaon Sabha being 'usher land', which vests in the Gaon Sabha, on the land in question a temple and some grave is standing. 4. On the perusal of the suit, no right could be claimed either on the basis of title or on the basis of possession, I do not see any error in the findings to that effect recorded by the trial court warranting interference under Article 227 of the Constitution of India. 5. However, the trial court is directed to ensure that trial is concluded expeditiously. 6. With the aforesaid observations, the writ petition is disposed off. Order Date :- 21.4.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench