ASHOK KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME,LKO. AND 4 OTHERS
WRIC/3942/2025 · 2025-04-29
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136304 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136304 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24420 Court No. - 7 Case :- WRIT - C No. - 3942 of 2025 Petitioner :- Ashok Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home,Lko. And 4 Others Counsel for Petitioner :- Desh Deepak Verma,Prabhakar Pandey Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Learned State Counsel placed before this Court a copy of the instructions which bears signature of Tehsildar Rudauli, District Ayodhya dated 28.04.2025, which is taken on record. Heard learned counsel for the parties. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. The present petition has been filed for the following main relief:-
"I) issue a writ, order or direction in the nature of certiorari to quash the notice/order dated 15.04.2025 passed by Opposite Party No. - 5 i.e. Revenue Inspector Shujaganj of Village Parsau, Pargana and Tehsil Rudauli, District Ayodhya whereby the Opposite Party No. - 5 has issued notice for removal of alleged encroachment made by petitioner (contained as Annexure No. - 1), in the interest of justice. II) issue a writ, order or direction in the nature of Mandamus commanding the Opposite Party No. 2 to 5 particularly Opposite Party No. 3 to 5 not to take any coercive measure against petitioner in pursuance of alleged encroachment on land gata no. 267 area 0.139 hectare situated at Village Parsau, Pargana and Tehsil Rudauli, District Ayodhya during the pendency of appeal Under Section 67(5) of U.P. Revenue Code 2006 bearing appeal no.682 of 2025; Ashok Kumar Vs. Gaon Sabha and others (Annexure No. 2), in the interest of justice." Based upon the instructions received, Sri Hemant Kumar Pandey, learned State Counsel submitted that the Case No. 787 of 2024, Computerized Case No. T202404230700787 (Gaon Sabha Versus Jagdish), under Section 67 of U.P. Revenue Code, 2006 ( in short 'Code of 2006') was decided vide order dated 16.01.2025 and no coercive action would be taken against the petitioner till the disposal of the appeal challenging the order dated 16.01.2025 passed by the opposite party no.4/Assistant Collector/Tehsildar, Tehsil Rudauli, District- Ayodhya and the pending appeal i.e. Appeal No. D202504230000682 be expedited.
In view of the statement of learned State Counsel based upon the instructions received, the present petition is disposed of in following terms:- (i) Till disposal of the appeal, no coercive action shall be taken against the petitioner. (ii) The opposite party no.2, shall conclude the proceedings expeditiously say within a period of 6 months, if there is no legal impediment in this regard. It is in view of Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006 read with para 458(2) of U.P. Revenue Court Manual. It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 29.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench