RAM BAKSH v. DISTRICT MAGISTRATE AMETHI DISTRICT AMETHI AND 4 OTHERS
WRIC/11151/2024 · 2025-02-19
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169990 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169990 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:10804-DB Court No. - 2 Case :- WRIT - C No. - 11151 of 2024 Petitioner :- Ram Baksh Respondent :- District Magistrate Amethi District Amethi And 4 Others Counsel for Petitioner :- Brijesh Kumar Yadav,Surya Prakash Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard learned counsel for the petitioner, Shri Manish Mishra, learned Additional Chief Standing Counsel for the State and Shri Mohan Singh, learned counsel for the Gaon Sabha.
2. The instructions dated 18.02.2025 which have been produced by learned Additional Chief Standing Counsel are taken on record.
3. We have perused our earlier order.
4. The instructions received by Shri Manish Mishra, learned Additional Chief Standing Counsel are to the effect that the petitioner has illegally encroached the Gata No. 797Kha which is recorded a 'navin parti'. A Resource Recovery Center has been constructed about 8 meters away from a structure illegally constructed by the petitioner for which proceedings under Section 67 of the U.P. Revenue Code, 2006 were initiated in 2023 and are pending. The next date is fixed 28.02.2025. The petitioner, however, claims to have possession of the land and also that it is being used as 'Abadi' since time of his ancestors.
5. If it is so, then, the petitioner should raise this claim/objection in the proceedings under Section 67 of the U.P. Revenue Code, 2006 which shall be considered but unless and until the right and interest in the petitioner in the said land is determined we can not possibly interfere at his behest. After conclusion of the proceedings under Section 67 of the U.P. Revenue Code, 2006 if there is a cause the petitioner can approach the Court again.
6. If there is a temple near the RCC which has been constructed and the villagers have any grievance and raise it before the concerned authority, then, the same shall be considered uninfluenced by this order.
7. The proceedings under Section 67 of the U.P. Revenue Code, 2006 shall be concluded at the earliest, say, within a period of
two months.
8. With the aforesaid observations/directions, the writ petition is
disposed of. . (Om Prakash Shukla,J.) (Rajan Roy,J.)
Order Date :- 19.2.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench