SANTOSH KUMAR v. STATE OF U.P. THRU. ITS ADDL. CHIEF/ PRIN. SECY., DEPTT. OF REVENUE, LKO. AND OTHERS
WRIC/6781/2025 · 2025-07-17
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151694 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151694 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:40962 Court No. - 6 Case :- WRIT - C No. - 6781 of 2025 Petitioner :- Santosh Kumar Respondent :- State Of U.P. Thru. Its Addl. Chief/ Prin. Secy., Deptt. Of Revenue, Lko. And Others Counsel for Petitioner :- Hanumant Lal Yadav,Shailendra Singh Chauhan Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J.
1. Heard Sri Shailendra Singh Chauhan, learned counsel for the petitioner, learned Standing counsel on behalf of respondent No.s 1 to 4 and Sri Mohan Singh for respondent No.5.
2. The present dispute pertains to house constructed by the petitioner over gata No.692 area 0.9740 hectare situated in Village Haliyapur, Tehsil Baldirai, District Sultanpur (earlier District Amethi). It has been submitted that the proceedings under Section 122 B of U.P.Z.A. & L.R. Act were initiated against uncle of the petitioner in the year 1994-95 and concluded on 9.3.1995 in their favour and notices were discharged. Subsequently, another proceedings were initiated on the report of Circle Lekhpal under Section 67 on 12.1.2023 against which the petitioner filed his objections and finally orders have been passed in favour of the petitioner and notice were rejected vide order dated 19.7.2024.
3. The State being aggrieved by the order of the competent authority had preferred an appeal under Section 67 (5) before the District Magistrate, who has allowed the said appeal and remanded the matter back to opposite party No.4 i.e. Assistant Collector/Tehsildar, Tehsil Baldirai, District Sultanpur for
consideration afresh which are pending.
4. Learned counsel for the petitioner submits that firstly the respondents have already passed order in his favour in1994-95 which have attained finality and consequently the proceedings could not have been initiated. He further submits that the house which is the subject matter of the said proceedings was built prior to 29th November, 2012 and consequently the same ought to have been settled in favour of the petitioner in view of specif provision of Section 67 -A (2) of the U.P. Revenue Code. Accordingly, he confines his prayer for a suitable direction to opposite party No.4 who while considering on the remand proceedings under Section 67 of the Revenue Code should also consider the rights of the petitioner under Sectioned 67 A (2) of the Code and submits that he shall file all evidence and
material available with him within next three weeks and further submits that opposite party No.4 may be directed to conclude the proceedings with expedition.
5. Learned Standing counsel does not oppose the prayer made by teh petitioner.
6. Accordingly, the petition is disposed of directing the petitioner to file all evidence in this regard in support of his claim under Section 67- A (2) of the Revenue Code, within three weeks from today. Opposite party No.4 is directed to conclude the proceedings within a period of three months from the date the petitioner files all the material available with him along with a certified copy of this order in accordance with law.
7. Till decision is taken on the application of the petitioner as
directed herein-above, no coercive action shall be taken against him.
8. Withe aforesaid direction the petition stands disposed of. (Alok Mathur, J.)
Order Date :- 17.7.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench