CHANDRA BHAN v. STATE OF U.P. THRU. SECY. REVENUE DEPTT., LKO. AND OTHERS
A227/2696/2025 · 2025-05-07
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138813 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138813 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26560 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2696 of 2025 Petitioner :- Chandra Bhan Respondent :- State Of U.P. Thru. Secy. Revenue Deptt., Lko. And Others Counsel for Petitioner :- Ram Kumar Srivastava Ram Kumar Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondents is dispensed with. The present petition has been filed for the following main relief:-
"I. Issue a direction, directing opp.party no.2 and 3 to get the land gata no. 400/0.032 Hectare be vacated in pursuance of order dated 16.01.2024 in case no. 03923/21 as Annexure No. 10 by removing the illegal construction as Ghari, Channi and Sahan from illegal encroachment and possession of opp.party no.5 with immediate effect or time period fixed by this Hon'ble court. II. Issue a direction, directing the Opp.party no.2 to 4 and opp.party no.6 to initiate a legal proceeding for recovery of misuse of government land for other than the purpose for which allotted the land after fixing and calculating the damages of illegal encroachment imposed upon opp.party no.5 and recover the same in accordance to law." Considering the facts and circumstances as also Section 67(1) of U.P. Revenue Code 2006 read with U.P. Revenue Code Rules 2016, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the concerned authority to consider and decide the pending proceedings of case in issue, detailed in the prayer clause, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of three months from the next date fixed in the matter before it, if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either of the parties 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 :- 7.5.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench