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2025 DAILYLAW 139217 (ALL)

PARASHURAM VERMA MEMORIAL TRUST, AYODHYA THRU. PREM KUMAR VERMA v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS

WRIC/4444/2025 · 2025-05-09

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27385 Court No. - 7 Case :- WRIT - C No. - 4444 of 2025 Petitioner :- Parashuram Verma Memorial Trust, Ayodhya Thru. Prem Kumar Verma Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Ranjana Srivastava Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Sri Hemant Kumar Pandey, learned State Counsel placed before this Court a copy of the instructions which bears signature of Tehsildar Bikapur, District-Ayodhya dated 09.05.2025, 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) A writ, order or direction in the nature of Mandamus thereby direct the opposite parties to not give effect to the notice dated 05-03-2025 issue by the Tehsildar Bikapur District Ayodhya which has been issued against the provision of section 67 of the U.P. Land Revenue Code 2006, contained as Annexure No- 6 to this petition, in the interest of justice. ii) A writ, order or direction in the nature of Mandmaus thereby directing the opposite parties to not demolish the building of school, who is adamant to demolish the school building, pursuance to the notice dated 05-03-2025 issue by the Tehsildar Bikapur District Ayodhya which has been issued against the provision of section 67 of the U.P. Land Revenue Code 2006, during the pendency of the petiiton, in the interest of justice." Taking note of the instructions dated 09.05.2025, received from the Tehsildar Bikapur, Ayodhya, according to which no coercive action would be taken against the petitioner till disposal of the case i.e. Case No. T202504230301217 (Baunman Gaon Sabha Versus Parshuram Verma Memorial College of Pharmacy Tarun) instituted under Section 67(1) of U.P. Revenue Code, 2006 (in short 'Code of 2006'), as also that petitioner is having opportunity to plead and proof its case in the proceedings in issue, the present petition is disposed of with direction to opposite party no.4/concerned authority to conclude the proceedings of the case in issue, detailed above, within a period of three months, if there is no other legal impediment in this regard, after affording full opportunity of hearing to the parties and after taking note of the various pronouncements on the issue including Rishipal Singh vs. State of U.P. and Others reported in 2022 SCC Online All 829 and in Writ-C No.9500 of 2022, (Sharda Industries Thru. Partner Mayank vs. The Additional District Collector, District Unnao And 2 Others). It is made clear, till disposal of the case in issue, no coercive action would be taken against the petitioner. It is also made clear that the Court has not examined the case of either party 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 :- 9.5.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench