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2025 DAILYLAW 182261 (ALL)

SMT. MALTI DEVI v. DISTRICT MAGISTRATE / COLLECTOR, SHRAWASTI AND 4 OTHERS

WRIC/11962/2025 · 2025-12-17

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11962 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Shri Arvind Kumar Tiwari has filed his Vakalatnama on behalf Nagar Panchayat, Ikauna, District Shrawasti, which is taken on record. 2. Heard learned Counsel for the petitioner, Shri Arvind Kumar Tiwari, learned Counsel for the Nagar Panchayat, Ikauna and learned Standing Counsel for the State- respondents. 3. Against the orders passed under Section 67 of the U.P. Revenue Code, 2006 (hereinafter referred to as "Code, 2006"), the petitioners have preferred an appeal before the Collector under sub section 5 of Section 67 of the Code, 2006 which is still pending but the Nagar Panchayat, Ikauna is proceeding to demolish their houses existing on the land in dispute. If any appeal filed by the petitioner against the order dated 11.04.2025 said to have been passed under Section 67 of the Code, 2006 is pending before the Collector bearing Case No.901/2025 Computerized Case No.D202508620000901, then the Collector is directed to dispose of the said appeal within three months unless there is any legal impediment. Till disposal of the appeal any exercise for demolition shall remain in abeyance. 4. With the aforesaid observations/directions, the writ petition is disposed of. 4. It is made clear that benefit of this order will be available to the petitioner only to the extent that the demolition is covered by the order passed under Section 67 of the Code, 2006 and is the subject matter of the appeal and not beyond it. 5. Learned Standing Counsel for the State- respondents shall communicate this order to the Collector, Shrawasti for disposal of the appeal as aforesaid. December 17, 2025 Muk Versus Counsel for Petitioner(s) : Ram Prasad Dwivedi Counsel for Respondent(s) : C.S.C., Arvind Kumar Tiwari (Alok Mathur,J.) Smt. Malti Devi .....Petitioner(s) District Magistrate / Collector, Shrawasti And 4 Others .....Respondent(s) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench