Lavkush v. Sub-Divisional Magistrate Tarabganj, District-Gonda AND ORS.
A227/4416/2025 · 2025-07-28
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154318 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154318 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43407 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 4416 of 2025 Petitioner :- Lavkush Respondent :- Sub-Divisional Magistrate Tarabganj, District- Gonda And Ors. Counsel for Petitioner :- Angrej Nath Shukla Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Alok Mathur,J.
1. Heard Shri Angrej Nath Shukla, learned counsel for the petitioner as well as learned Standing Counsel for the State/ respondents no. 1 and 2 while notice on behalf of respondent no.3- Gram Sabha of the village concerned has been accepted by Shri Pankaj Gupta. 2. In view of the order proposed to be passed, issuance of notice to the private respondents no. 4 and 5 is dispensed with. 3. By means of the present writ petition, the petitioner has prayed that a direction be given to respondents no. 1 and 2 to ensure the compliance of the order dated 07.12.2024 passed in Case No. 11357/2024 (Computerized Case No. T202408300611357), Lavkush & others Vs. Gaonsabha and others, filed by the petitioner under Section 24 of the U.P. Revenue, Code-2006. 4. It has been submitted by learned counsel for the petitioner that in spite of direction issued by the opposite party no.1 to opposite party no.2 to put/ fix stone on spot and about 8 months have been passed but till date order passed by the opposite party no.1 has not been complied by the opposite party no.2. 5. It has further been submitted that the petitioner is being deprived from his fundamental rights due to illegal interference of the opposite parties no.4 and 5. 6. Learned Standing Counsel, on the other hand, submits that the petitioner has 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 petitioner 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 petitioner 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 :- 28.7.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench