SMT. KALAWATI v. STATE OF U.P. THRU. PRIN. SECY., REVENUE DEPTT., LKO. AND OTHERS
WRIC/7871/2025 · 2025-08-28
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157881 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157881 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 7871 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J.
1. Heard Sri N. D. Tiwari, learned counsel for the petitioner and the Standing counsel on behalf of respondent No.s 1 2 and 3.
2. In view of the proposed order notice to the private respondent is dispensed with.
3. Petitioner has challenged order 8.11.2016 passed under Section 41 of Land Revenue Act on the basis of Naksha Nazari report of the revenue authorities dated 21.3.2017.
4. Learned Standing counsel has raised a preliminary objection that the the order passed by Deputy Collector, under Section 41 of Land Revenue Act is appellable.
5. Learned counsel for the petitioner does not dispute aforesaid facts and submits that against the order dated 8.11.2016 the petitioner has already filed appeal before the Commissioner but in the meanwhile demolition will be undertaken.
6. Accordingly, considering that the petitioner has efficacious remedy of appeal against the impugned order dated 8.11.2016, the petitioner is granted liberty to move an application for interim relief along with the appeal which may be considered and decided with expedition in accordance with law by the appellate authority. Versus Counsel for Petitioner(s) : Narayan Datt Tiwari Counsel for Respondent(s) : C.S.C. Smt. Kalawati .....Petitioner(s) State Of U.P. Thru. Prin. Secy., Revenue Deptt., Lko. And Others .....Respondent(s)
7. With aforesaid observation and direction the petition stands disposed of.
August 28, 2025 RKM.
WRIC No. 7871 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench