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2025 DAILYLAW 153237 (ALL)

SYED JALALUDDIN ASHRAF v. STATE OF U.P. THRU. DISTRICT MAGISTRATE AMBEDKAR NAGAR AND 4 OTHERS

WRIC/7025/2025 · 2025-07-30

Jaspreet Singh, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44055-DB Court No. - 2 Case :- WRIT - C No. - 7025 of 2025 Petitioner :- Syed Jalaluddin Ashraf Respondent :- State Of U.P. Thru. District Magistrate Ambedkar Nagar And 4 Others Counsel for Petitioner :- Panna Lal Gupta,Amit Kumar,Ankur Gupta,Shakeel Ahmad,Subrat Gupta Counsel for Respondent :- C.S.C.,Raj Priya Srivastava Hon'ble Rajan Roy,J. Hon'ble Jaspreet Singh,J. 1. Heard. 2. After arguing the matter at length, learned counsel for the parties including the Nagar Panchayat and the State agreed to the fact that the proceedings for removal of encroachment could only be undertaken under the statutory provision which in this case would be Section 67 of the U.P. Revenue Code, 2006 and the Nagar Panchayat is also entitled to initiate proceedings under the said provision before the competent Authority or the Court. 3. It is informed that the proceedings under Section 67 of the U.P. Revenue Code, 2006/ Section 122-B of the Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 are underway. If it is so, then, there was no reason for issuance of a notice by the Nagar Panchayat. The Tehsildar will issue notice to the alleged encroachers and conclude the proceedings as per law. Let the Teshildar concerned do the same as per law but with expedition. 4. We, therefore, allow this petition and quash the impugned notice, however, with liberty to the Tehsildar to conclude the proceedings under Section 67 of the U.P. Revenue Code, 2006 or Section 122-B of the U.P.Z.A. & L.R. Act, 1950, as the case may be. Order Date :- 30.7.2025 Asheesh/- (Jaspreet Singh, J) (Rajan Roy, J.) Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench