SURESH CHANDRA v. STATE OF U.P. THRU. DISTRICT MAGISTRATE, KHERI AND OTHERS
WRIC/6710/2025 · 2025-07-16
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151772 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151772 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40647 Court No. - 6 Case :- WRIT - C No. - 6710 of 2025 Petitioner :- Suresh Chandra Respondent :- State Of U.P. Thru. District Magistrate, Kheri And Others Counsel for Petitioner :- Satish Kumar Sharma Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Alok Mathur,J.
1. Heard Sri S. K. Verma, learned counsel for the petitioner as well as learned Standing for respondent No.s 1 and 2- State while Sri Dilip Kumar Pandey, learned counsel has put in appearance on behalf of respondent No.3- Gaon Sabha. 2. in view of the proposed order notice to private respondent No.4 is dispensed with . 3. The petitioner has approached this Court seeking following reliefs:-
"i. Issue a writ, order or direction in the nature of MANDAMUS thereby commanding the opp. Parties No. 1 to 3 to ensure the compliance of order dated 16.05.2025 passed by the Assistant Collector 1st class / Tehsildar, Tehsil Dhaurahara, District Kheri in case No. 02241/2020 computerized Case No. T202010430202241 (Gaonsabha versus Shiv Gulam) U/S 67 of Uttar Pradesh Revenue Code, 2006 with immediate effect so that the petitioner could get justice."
4. Learned Standing counsel has raised a preliminary objection stating that the petitioner does not have any locus Sandie to file the present petition in as much as it was stated that on a compliant proceedings under Section 67 of U.P. Revenue Code were initiated against opposite party No.5 for his illegal encroachment over the pond land of gata No.322/0.202 hectare vide case No. 02241/2020 and after giving full opportunity of hearing eviction order was passed against him on 16.5.2025, the compliance of which is being sought by way of the present petition. In the aforesaid circumstances the petitioner does not have the locus standie to file the present petition. . 5. Learned counsel for the petitioner submits that the petitioner is a villager of the aforesaid village where the allegations are there with regard to illegal encroachment of the gaon sabha land. 6. Considering the rival contentions, this Court is of the
considered opinion that once on any complaint appropriate proceedings have been undertaken by the competent authority under Section 67 of Revenue Code, then on one is supposed to pursue such matter in accordance with law. 7.
In the present case, we find that the proceedings of Section 67 has already been concluded on 16.5.2025 and in case he has any grievance it is open for the aggrieved person to move application for execution of the order of the competent authority under Paragraph 460 of Revenue Court Manual. 8. For the reasons aforesaid, this Court is not inclined to entertain the present petition which is dismissed accordingly. (Alok Mathur, J.) Order Date :- 16.7.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench