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2025 DAILYLAW 15296 (ALL)

AJAY KUMAR AND 9 OTHERS v. STATE OF U.P. AND 5 OTHERS

WRIC/3354/2025 · 2025-02-06

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:17467 Court No. - 33 Case :- WRIT - C No. - 3354 of 2025 Petitioner :- Ajay Kumar And 9 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Arun Kumar Pandey,R.P.S. Chauhan Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the respondent-State. 2. The present writ petition has been filed with the following prayers :- "i. Issue, a writ, order or direction in the nature of certiorari to quash the impugned orders dated 22.10.2024 passed by respondent no. 4-Assistant Collector (First Class), Tehsildar, Chandausi, District Sambhal in Case No. 06040/2020, 06041/2020, 06042/2020, 06043/2020, 06034/2020, 06039/2020, 06036/2020, 06035/2020, 06032/2020, 06031/2020 u/s 67 U.P. Revenue Code, 2006 (Annexure No. 3 to this writ petition). ii. Issue a writ, order or direction in the nature of mandamus commanding the respondents to provide the benefit of the provisions of United Provinces Village Abadi Act, 1947 and Section 67-A U.P. Revenue Code, 2007 to the petitioners and settled their ownership and possessionary rights over their existing houses built on plot no. 234 situated at Village Pathara, Tehsil Chandausi, District Sambhal. iii. Issue a writ, order or direction in the nature of mandamus restraining the respondents from interfering in the peaceful title and possession of the petitioners over their houses built on plot no. 234 situated at Village Pathara, Tehsil Chandausi, District Sambhal." 3. Learned counsel for the petitioners submits that proceedings under Section 67 of the U.P. Revenue Code was initiated against the petitioners. The petitioners have filed their reply and the certified copies are annexed along with the writ petition. Learned counsel for the petitioners further submits that by the impugned order it has been recorded that the petitioners have not filed any objection which is against the record of the court concerned. 4. Learned Standing Counsel for the respondent-State has not disputed the aforesaid position. 5. Accordingly, the orders impugned dated 22.10.2024 passed by respondent no. 4 - Assistant Collector (First Class), Tehsil Chandausi, District Sambhal in Case Nos. 06040/2020, 06041/2020, 06042/2020, 06043/2020, 06034/2020, 06039/2020, 06036/2020, 06035/2020, 06032/2020, 06031/2020 under Section 67 of the U.P. Revenue Code, 2006 is not tenable under law and is hereby set aside and the matter is remanded back to respondent no. 4 for decision afresh after considering the objections filed by the petitioners. The aforesaid exercise shall be completed within two months from the date of production of certified copy of this order. 6. With the aforesaid observation/direction, the writ petition stands disposed of. Order Date :- 6.2.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad