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Neutral Citation No. - 2025:AHC:22983 Court No. - 34 Case :- WRIT - C No. - 4546 of 2025 Petitioner :- Harish Chandra Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Vijay Prakash Singh Kushwaha Counsel for Respondent :- C.S.C.,Krishna Kant Singh Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This petition has been filed for the following reliefs:-
"A Issue a writ, order or direction in the nature of certiorari for quashing an impugned judgement and order dated 12-11-2024 passed respondent no.- 3 in Appeal No.- 45 of 2024, Phulwari and others Vs Gaon Sabha and others, U/Ss. 67(5) of the U.P Revenue Code, 2006 (Annexure No.- 11). B Issue a writ, order or direction in the nature of mandamus commanding to respondents authority to stay the effect and operation of an impugned judgement and order dated 12-11-2024 passed respondent no. 3 in Appeal No. 45 of 2024, Phulwari and others Vs Gaon Sabha and others, U/Ss. 67(5) of the U.P. Revenue Code, 2006. C Issue a writ, order or direction in the nature of mandamus commanding to respondents authority to restrained to respondent no. 7, 8 and 9 to not raise any construction over the land in question as mentioned above bearing its Gata No.- 288 Sa having its area 0.024 Hectare situated in Village- Nagala Gangi, Majara- Bhitauna, Post- Kasganj, Pargana- Bilram, Tehsil- Kasganj District- Kasganj."
3. Contention of learned counsel for the petitioner is that proceedings under Section 67 of the U.P. Revenue Code, 2006 were decided against the respondent Nos. 7 to 9. Against the said
order, the respondents Nos. 7 to 9 have filed a restoration application which was dismissed. Thereafter, an appeal has been filed, which was allowed. It has been further contended that the said appeal was allowed arbitrarily.
4. Learned Standing Counsel has raised a preliminary objection that petitioner is only a complainant and has no locus to file the present writ petition.
5. In view of the same, I am not inclined to interfere in the matter.
6. Accordingly, the petition is dismissed with liberty to the petitioner to avail the remedy as available to him under law.
Order Date :- 18.2.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad