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2025 DAILYLAW 137117 (ALL)

MADHURI v. DISTRICT MAGISTRATE, DISTRICT HARDOI AND OTHERS

WRIC/4011/2025 · 2025-04-29

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24312-DB Court No. - 2 Case :- WRIT - C No. - 4011 of 2025 Petitioner :- Madhuri Respondent :- District Magistrate, District Hardoi And Others Counsel for Petitioner :- Munendra Kumar,Laxmi Narayan Gupta Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. The petitioner who is wife of Santosh, as claimed, bhumidhar of Gata No. 2737, 2776, 2703, 2777 and co- sharer Gata No. 2699Ka, 2780, 2786Ka, 3155Ka, 3454Ka and 2400Ka situated at Village Garai, Police Station Beniganj, District Hardoi. She is aggrieved of encroachment by opposite parties no. 4 to 9 who are private parties for whose eviction an application has been submitted by her allegedly referable to Section 134 of the U.P. Revenue Code, 2006. She claims expeditious disposal of the said application. However, we find that the proceedings envisaged under Section 134 of the U.P. Revenue Code, 2006 are in the nature of a suit for eviction. The petitioner's counsel is required to advise the petitioner appropriately to initiate appropriate proceedings before the Sub Divisional Magistrate concerned or whosoever is competent under Section 134 of the U.P. Revenue Code, 2006 whereupon the cognizance can be taken and needful can be done. 3. The writ petition is disposed of accordingly. [Om Prakash Shukla, J.] [Rajan Roy, J.] Order Date :- 29.4.2025 Santosh/- Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench