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2025 DAILYLAW 147348 (ALL)

CHHABINATH v. STATE OF U.P. THRU. SECY. REVENUE LKO. AND 3 OTHERS

WRIC/6053/2025 · 2025-07-07

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39166 Court No. - 6 Case :- WRIT - C No. - 6053 of 2025 Petitioner :- Chhabinath Respondent :- State Of U.P. Thru. Secy. Revenue Lko. And 3 Others Counsel for Petitioner :- Praveen Kumar Sharma,Dilip Kumar Pandey Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J. 1. Heard learned counsel for the petitioner as well as learned Standing Counsel for the State respondent No. 1, 2 & 3 as well as Mr. Dilip Kumar Pandey, learned counsel for the respondent No.4/Gao Sabha. 2. By means of the present petition, the petitioner has challenged the order dated 03.03.2025 passed by Assistant Collector, Tehsil Shahabad, District Hardoi in Case No. 4786/2024, Computerized Case No.T202410330204786 (Gram Sabha Vs. Ram Kumar) under Section 67 of Uttar Pradesh Revenue Code, 2006, alleging therein that the petitioner has illegally encroached upon the Gao Sabha land. The proceedings have concluded by passing of the order for eviction of land against the petitioner and also imposing penalty of an amount of Rs.52780/- upon the petitioner. 3. Learned Standing Counsel for the State Respondents, at the very outset, has submitted that the petitioner has an efficacious remedy of a appeal under Section 67(5) Uttar Pradesh Revenue Code. 4. Learned counsel for the petitioner does not dispute that he has efficacious remedy but submits that during pendency of the appeal, the respondents should be restrained from demolishing the disputed house. Accordingly, the petitioner is relegated to his remedy under Section 67(5) of the Uttar Pradesh Revenue Code. 5. Accordingly, this Court is of the considered view that the petition deserves to be dismissed in the light of alternate remedy available to the petitioner, however, it is provided that if an appeal is filed by the petitioner in the next two weeks, respondents shall not proceed to implement the impugned order dated 03.03.2025 during pendency of the appellate proceedings. The appellate authorities are also directed to decide the appeal, say, within a period of four months from the date a certified copy of this order is produced before the appellate authority, in accordance with law. 6. The petitioner undertakes to co-operate in the proceedings. It is further provided that if the petitioner does not co-operate in the proceedings, the benefit of this order shall not be available to him and the respondents would be at liberty to proceed accordingly. 7. With above observations/directions, the writ petition stands disposed of. Order Date :- 7.7.2025 (Manoj K.) (Alok Mathur, J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench