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2025 DAILYLAW 152544 (ALL)

GAFFAR KHAN v. DISTRICT MAGISTRATE, AMETHI AND OTHERS

WRIC/6911/2025 · 2025-07-22

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41937 Court No. - 6 Case :- WRIT - C No. - 6911 of 2025 Petitioner :- Gaffar Khan Respondent :- District Magistrate, Amethi And Others Counsel for Petitioner :- Ashutosh Mishra,Vijay Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard learned counsel for the petitioner as well as learned Standing Counsel for the State. 2. In view of the proposed order notice to private respondents are dispensed with. 3. By means of the present petition under Article 227 of the Constitution of India a prayer has been made for paimise of petitioner's gata No. 1272 situated at Village - Bhojpur area 0.2280 hec. and also gata No. 73 situated at village - Bidhapur, Pargana - Asal, Tehsil - Amethi, District - Amethi. 4. It is urged that though the matter is being listed but for one reason or the other, paimise of petitioner's gata No. 1272 situated at Village - Bhojpur area 0.2280 hec. and also gata No. 73 situated at village - Bidhapur, Pargana - Asal, Tehsil - Amethi, District - Ameth is not being done. 5. After arguing the matter at some length, learned counsel for petitioner submits that trial Court may be directed to done the paimise of petitioner's gata No. 1272 situated at Village - Bhojpur area 0.2280 hec. and also gata No. 73 situated at village - Bidhapur, Pargana - Asal, Tehsil - Amethi, District - Ameth in a time bound manner. 6. At this stage, no ground for urgency is made out by the petitioner, hence, this Court is not inclined to interfere in the matter under Article 227 of the Constitution of India. However, liberty is granted to the petitioner to approach the trial Court/competent authority and move an appropriate application detailing urgency for expeditious paimise of petitioner's gata No. 1272 situated at Village - Bhojpur area 0.2280 hec. and also gata No. 73 situated at village - Bidhapur, Pargana - Asal, Tehsil - Amethi, District - Ameth, within two weeks from today, and in case, if such an application is moved, the trial Court/competent authority shall consider and decide the same within three weeks thereafter, and in case any case for urgency is made out by the petitioner, it shall pass appropriate orders thereupon, in accordance with law. 7. It is made clear that this Court has not examined the case of either of the parties on merit and the Court/authority concerned shall decide the matter strictly in accordance with law. 8. With the aforesaid observations, the petition is disposed of. (Alok Mathur, J.) Order Date :- 22.7.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench