AFTAB ALAM AND ANOTHER v. ADDITIONAL COMMISSIONER (ADMINISTRATIVE II), DEVI PATAN MANDAL, GONDA AND ANOTHER
A227/4445/2025 · 2025-07-29
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153594 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153594 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43849 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 4445 of 2025 Petitioner :- Aftab Alam And Another Respondent :- Additional Commissioner (Administrative Ii), Devi Patan Mandal, Gonda And Another Counsel for Petitioner :- Mohd. Usman Ghani Khan,Samreen Irfan Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard learned counsel for the petitioners as well as learned Standing Counsel for the State/ respondent no. 1. 2. In view of the order proposed to be passed, issuance of notice to the private respondent no. 2, is dispensed with. 3. By means of the present writ petition, the petitioners have prayed that a direction be given to respondents no. 1 to comply the stay order dated 21.04.2022 in Revision No. 202108000000406 under Section 219 L.R. Act Case style as
"Bakridan Vs. Mohd. Salman", pending before the court of Additional Commissioner (Administration -II), Devi Patan Mandal Gonda, and further to decide the application dated 24.10.2024 contained in Annexure No.3 within a period as fixed by this Hon'ble Court, in the interest of justice. 4. It has been submitted by learned counsel for the petitioners that opposite party no.1 passed an order on 21.04.2022 to maintain the status-quo from both the parties but the opposite party no.2 Mohd. Salman has violates and creates hindrance in the disputed land in question Gata No. 544/0.85 hectare and 835/0.295 hectare situated at Colonelganj, Gramin District Gonda and therefore trying forcibly to dispossess the petitioners from their land. Thereafter the petitioenrs have filed an application on 24.10.2024 before the court below i.e. opposite party no.1 and requested for compliance of stay order dated 21.04.2022 and the same is still pending before the court below. 5. It has further been submitted that the petitioners are being deprived from their fundamental rights due to illegal interference of the opposite party no.2. 6. Learned Standing Counsel, on the other hand, submits that the petitioners have equally efficacious and alternate remedy of
executing the orders of revenue court as per Para 460 of U.P. Revenue Court Manual where an order of revenue authority can be executed. 7.
At this stage, learned counsel for the petitioners submits that he does not want to press this petition and seeks liberty to approach the competent authority under Para 460 o U.P. Revenue Court Manual for execution of the orders passed by the Prescribed Authority as well as of the other authorities. 8. Accordingly, the petition is disposed of with liberty to the petitioners to approach competent authority by moving appropriate application under Para 460 of U.P. Revenue Court Manual to execute the orders of the revenue authorities. In case, such an application is moved within two weeks form today, the same shall be disposed of expeditiously. . (Alok Mathur, J.) Order Date :- 29.7.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench