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2025 DAILYLAW 157296 (ALL)

RAM NARESH AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS

WRIC/7722/2025 · 2025-08-08

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46441 Court No. - 5 Case :- WRIT - C No. - 7722 of 2025 Petitioner :- Ram Naresh And Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Harish Chandra Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Alok Mathur,J. 1. Heard Sri Harish Chandra, learned counsel for the petitioners, learned Standing counsel for respondent No.s 1 to 4 and Sri Dilip Kumar Pandey for respondent No.5. 2. Mention for urgency was made by learned counsel for the petitioners stating that the application of the petitioner for interim relief has been rejected and the respondents are proceeding to demolish the house of the petitioner and consequently this matter has to be heard today. 3. The supplementary affidavit today in the Court is taken on record. 4. In the present case, the petitioner has challenged the order passed by Sub Divisional Officer, Sadar, Hardoi dated 2.8.2025 whereby the application for interim relief under Section 101 of U.P. revenue code preferred by the petitioner has been rejected. 5. A preliminary objection has been raised on behalf of the respondents stating that the petitioner has adequate efficacious remedy of filing revision under Section 210 of U.P. Revenue Code. 6. Learned counsel for the petitioners does not dispute the aforesaid objection but submits that he may be protected to the extent that the respondents may be restrained from demolishing the disputed structure till he files revision and appropriate orders are passed on the application for interim relief. 7. In light of the above, the petitioner is relegated to statutory remedy under Section 210 of U.P. Revenue Code. It is provided that in case the petitioner files revision within next two weeks, the revisional authority shall consider the application for interim relief within two weeks thereafter in accordance with law. 8. In case, the revision is filed within the time prescribed by this Court and till order is passed on the application for interim relief, the respondents are restrained from demolishing the disputed property. 9. The petition stands disposed of. (Alok Mathur, J.) Order Date :- 8.8.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench