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2025 DAILYLAW 153013 (ALL)

RAJ KUMAR v. STATE OF U.P. THRU. DIST. MAGISTRATE AYODHYA AND 4 OTHERS

WRIC/7024/2025 · 2025-07-28

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43491 Court No. - 6 Case :- WRIT - C No. - 7024 of 2025 Petitioner :- Raj Kumar Respondent :- State Of U.P. Thru. Dist. Magistrate Ayodhya And 4 Others Counsel for Petitioner :- Vinod Kumar Pandey Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J. 1. Heard Shri Vinod Kumar Pandey, learned counsel for the petitioner, learned Standing Counsel for respondents no. 1, 2 and 3 and Shri Govind Kumar Chaurasia holding brief of Shri Mohan Singh for respondent no.4. 2. The grievance raised by the petitioner in the present case is ,with regard to the alleged encroachment made by the private respondent on land of Gata No. 133, situated at Village Bara, Pargana Paschim Raath, Tehsil Bikapur, District Ayodhya, which is recorded as chak mark in the revenue record. 3. Accordingly it has been prayed that the State- respondents may be directed to remove the illegal encroachment over the said plot. 4. Learned counsel for the respondents on the other hand submits that the petitioner has an efficacious remedy of moving an appropriate application under Section 25/26 of the U.P. Revenue Code, where after considering the rival contentions, orders for removal of encroachment and imposition of penalty can be passed by the Appropriate Authority. 5. Learned counsel for the petitioner does not dispute the objections raised by the respondents and submits that he may be permitted to withdraw this writ petition with liberty to move an appropriate application, before the Competent Authority, under Section 25/26 of the U.P. Revenue Code. 6. Accordingly, it is provided that in case the petitioner moves an application under Section 26 of the U.P. Revenue Cod, before the Competent Authority, who shall proceed to consider and decide the same with expedition, say within a period of four months from today, if there is no legal impediment, after providing due opportunity of hearing to all the parties, in accordance with law. 7. Subject to the aforesaid direction, the present writ petition is dismissed as not pressed. . (Alok Mathur, J.) Order Date :- 28.7.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench