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2025 DAILYLAW 164527 (ALL)

BINNU DEVI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT., LKO. AND OTHERS

WRIC/9035/2025 · 2025-09-17

Manjive Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9035 of 2025 Court No. - 30 HON'BLE MANJIVE SHUKLA, J. 1. Heard Sri Yogesh Chandra Srivastava, learned counsel for the petitioners and learned Standing Counsel for Respondents No. 1 to 4. 2. In view of the order proposed, notice to Respondents No.5 and 6 is dispensed with. 3. The captioned writ petition has been filed by the petitioner assailing therein the order dated 21.08.2025 passed by the Sub Divisional Magistrate, Sandila, Hardoi in Case No. 13433 of 2025 and Case No. 13430 of 2025 whereby, on the application filed by Respondents No.5 and 6, the earlier interim order granted in the appeal on 10.07.2025 had been clarified to the extent that the petitioner shall not interfere on the property in question, in respect of the crop management by Respondents No.5 and 6. 4. Learned counsel for the petitioner has argued that in the garb of interim order, the Respondents No.5 and 6 have started cutting big trees standing on the land in question, which in fact is in violation of the order passed by the Appellate Authority for maintaining status-quo over the land. 5. I have considered the arguments advanced by the learned counsel for the petitioner and I am of the view that if pursuant to the order dated 21.08.2025, the Respondents No. 5 and 6 have started cutting big trees standing on the land in question, then the petitioner can file an appropriate Versus Counsel for Petitioner(s) : Yogesh Chandra Srivastava Counsel for Respondent(s) : C.S.C. Binnu Devi And 2 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others .....Respondent(s) application before the Sub Divisional Magistrate, Sandila, Hardoi in the pending appeals and the said application can very well be considered and decided by the Appellate Authority. 6. In view of the aforesaid reasons, this writ petition is disposed of with liberty to the petitioner to file an appropriate application before the Appellate Authority in pending appeals within a week from today and if such application is filed, the Appellate Authority shall consider and decide the said application by passing a speaking and reasoned order within two weeks thereafter. September 17, 2025 Shahnaz WRIC No. 9035 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench