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2025 DAILYLAW 155407 (ALL)

MADHUKAR VERMA v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO AND OTHERS

WRIC/7457/2025 · 2025-08-11

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48485 Court No. - 5 Case :- WRIT - C No. - 7457 of 2025 Petitioner :- Madhukar Verma Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko And Others Counsel for Petitioner :- Ajeet Kumar Singh Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Alok Mathur,J. 1. Heard learned counsel for petitioner as well as learned Standing Counsel for the respondents. 2. By means of present writ petition the petitioner has approached this Court seeking a direction to the State respondents to comply with the order dated 30.10.2024, passed by S.D.M. (Judicial), Tehsil - Laharpur District - Sitapur directing eviction of the private respondents as well as any other person who has illegally encroached upon the disputed land being Arazi No. 812, area 0.709 hectares situated in Village - Samudideeh, Tehsil - Laharpur, District - Sitapur expeditiously. 3. Learned counsel for petitioner submits that illegal encorachment over the disputed land has been made by private respondents existing over Arazi No. 812, area 0.709 hectares, situated in Village - Samudideeh, Tehsil - Laharpur, District - Sitapur. 4. It is further submitted that petitioner filed an application under Section 134 of U.P. Revenue Code, 2006 before respondent no. 3 which was registered as Case No. T202210640304505- Madhukar Verma Vs. Pramod Kumar for eviction of private respondents from the disputed land. On the application of the petitioner, after obtaining report of the revenue Inspector, respondent no. 3 passed orders for eviction of private respondents on 30.10.2024. It is further submitted that despite passing of order dated 30.10.2024, no action has been taken for execution of the aforesaid order, In this regard petitioner has given several applications to the authorities, but till date no action has been taken in this regard. 5. Learned Standing Counsel on the other hand has submitted that petitioner has efficacious remedy under para 460 of the U.P. Revenue Court Manual where effective orders for execution of the orders passed by the revenue Courts can be passed. 6. Learned counsel for petitioner at this stage submits that petitioner may be given liberty to move an application under para 460 of the U.P. Revenue Court Manual, before the competent authority for execution of order dated 30.10.2024. 7. Accordingly, without entering into merits of the case, the writ petition is disposed of with a liberty to the petitioner to move an application under para 460 of the U.P. Revenue Court Manual, before the competent authority within three weeks from today and in case such an application is made within the prescribed period, the said authority is directed to proceed to consider and decide the same expeditiously, in accordance with law. (Alok Mathur, J.) Order Date :- 11.8.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench