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2025 DAILYLAW 171053 (ALL)

Chedalal and Another v. STATE OF U.P. THRU. PRIN. SECY. REVENUE , LUCKNOW AND ANOTHER

/6436/2024 · 2025-01-07

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:900 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 6436 of 2024 Petitioner :- Chedalal And Another Respondent :- State Of U.P. Thru. Prin. Secy. Revenue , Lucknow And Another Counsel for Petitioner :- Praveen Kumar Tripathi,Saroj Kumari Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioners and learned Standing Counsel. 2. The present petition has been filed challenging the order dated 09.10.2024 passed by the appellate authority whereby, the appeal preferred by the petitioner was dismissed, despite the petitioner claims to have executed a sale deed in respect of his property in favour of petitioner No.2. However, respondent No.2, who is daughter of the petitioner, is in occupation of the premises and has filed her suit that she may not be evicted except in accordance with law. The Civil Court granted the injunction to that effect and the appeal was also dismissed. 3. Considering the fact that law is well settled that even an encroacher cannot be evicted except in accordance with law, no interference is called for. The petitioner would be at liberty to avail his remedy for expeditious disposal, considering the age of the petitioner. 4. The petition stands disposed of. Order Date :- 7.1.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench