BUDHRAM @ BUDHRAJ v. STATE OF U.P. THRU. DISTRICT MAGISTRATE / COLLECTOR, AMETHI AND OTHERS
A227/4822/2025 · 2025-08-12
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157328 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157328 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47163 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 4822 of 2025 Petitioner :- Budhram @ Budhraj Respondent :- State Of U.P. Thru. District Magistrate / Collector, Amethi And Others Counsel for Petitioner :- Virendra Kumar Shukla Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J.
1. Heard Shri Virendra Kumar Shukla, learned counsel for the petitioner as well as learned Standing Counsel for the State/ respondents no. 1 3, while notice on behalf of respondent no.14- Gram Sabha of the village concerned has been accepted by Shri Mohan Singh. 2. In view of the order proposed to be passed, issuance of notice to the private respondents, is dispensed with. 3. By means of the present writ petition, the petitioner has prayed that a direction be given to the opposite parties no. 1 and 3 to take necessary action against the opposite parties no. 4 to 13 in pursuance of the stay order dated 18.07.2025 and also direct the private respondents to not disturb the peaceful possession of the petitioner over the Gata Nos. 1566 Kha, 2446, 2448 Ka, 1390, 2452, 2453, 2454, 2458 and 2466 situate in Village Makhdoompur Kala, Pargana- Jagdishpur, Tehsil Musafirkhana, District Amethi, as contained in Annexure No.3 to this petition. 4. It has been submitted by learned counsel for the petitioner that in spite of direction issued by the opposite party no.2 the private respondents have not stopped the construction over the land in question, the petitioner approached to opposite party no.2 on 23.07.2025 and given application regarding violation of the stay order dated 18.07.2025. When the opposite party no.2 has taken no action against the private respondents, then the petitioner approached to District Magistrate, Amethi on 24.07.2025 and requested for compliance of the stay order dated 18.07.2025. 5. It has further been submitted that the petitioner is being deprived from his fundamental rights due to illegal interference of the private respondents. 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 :- 12.8.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench