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2025 DAILYLAW 142559 (ALL)

BASANT LAL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 7 OTHERS

WRIC/5368/2025 · 2025-09-11

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 5368 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard learned Counsel for the petitioner as well as learned Standing Counsel and Sri Shamsher Yadav, learned Counsel for the respondent no.8. 2. The present petition has been filed with the following prayers: "I. Issue a writ order or direction in the nature of MANDAMUS commanding to the opposite parties, specially opp. Party no. 2 to 4 remove the illegal construction on the public utility land (Nali) on the basis of report submitted by the revenue inspector on dated 25.07.2024 which is Annexure no.3 to this writ petition, in the interest of justice. II. Issue a writ order or direction in the nature of MANDAMUS commanding to opposite parties specially opposite party no.2 and 3 take the legal action against the opp. party no.6 to 8 in accordance with law. III, Issue a writ order or direction in the nature of MANDAMUS commanding to opposite parties to ensure the original position of the Nali and free the Khasara gata no. 154 which is recorded Purani parti land in Village Surpur Bathuva, Pargana and Tehsil Raebareli, District Raebareli in accordance with the report submitted by the revenue inspector on dated 25.07.2024. Versus Counsel for Petitioner(s) : Vijay Kumar, Dinesh Kumar Tripathi Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Basant Lal And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 7 Others .....Respondent(s) IV. Issue a writ order or direction in the nature of MANDAMUS commanding to opposite party no.2 &3 i.e. District Magistrate, Raebareli and Sub Divisional Magistrate Raebareli take the decision on the application of the petitioners dated 11.09.2024 and 16.04.2025 which is annex as Annexure no.6 &11 to this writ petition." 3. Learned Standing Counsel based upon the instructions states that the proceedings have already been initiated under Section 67 of the U.P. Revenue Code against the petitioner as well as respondent no.6 and three others. 4. In view of the abovesaid statement, the present writ petition is disposed off with direction to conclude the proceedings expeditiously preferably within a period of 90 days from the date of receipt of a certified copy of this order. 5. The issue with regard to the drain is concerned, the ADM shall personally look into the matter and take appropriate steps for removal of the drain water, if any. September 11, 2025 akverma WRIC No. 5368 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench