Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 202567 (ALL)

OM PRAKASH SINGH AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 4 OTHERS

CMRA/129/2025 · 2025-10-28

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CIVIL MISC REVIEW APPLICATION No. - 129 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. We have heard the counsel for the Review Applicants at some length. 2. It has been submitted by the learned counsel appearing on behalf of the Review Applicants that this Court in its Judgment and Order dated 26.09.2025 has failed to appreciate that the Gaon Sabha had filed an Appeal against the judgment and order dated 20.08.1983 which Appeal was dismissed by the Appellate Court on 18.04.1987. The District Magistrate, Pratapgarh, had directed the Revenue Authorities to provide possession to the petitioners by his order dated 19.04.2011. The Revenue Authorities and the Gaon Sabha were in collusion and they are disturbing the possession of the petitioners over Gata No.353 which was bought by the predecessor in interest of the petitioners from the decree holder one Ranvijay Bahadur Singh. 3. We have gone through the Notice dated 20.02.2025 which has been issued by the Area Lekhpal of Village Pure Khushai, Block Bhualpur, Domipur, Pargana and Tehsil Sadar, District Pratapgarh, wherein Madeena Begum wife of Mohd. Shafeque who is admittedly the tenants of the petitioners, has been issued notice to remove encroachment on 0.025 Hectare of Gata No.353/0.070 Hectare in Village Pure Khushai, Pargana and Tehsil Sadar, District Pratapgarh. Versus Counsel for Applicant(s) : Prabhakar Pandey Counsel for Opposite Party(s) : Om Prakash Singh And Another .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 4 Others .....Opposite Party(s) The land of Gata No.353 was found to be belonging to Bhumidhar. The Area Lekhpal has directed the removal of encroachment from such land within seven days and, in case, they had something to submit, the petitioners were directed to submit their explanation within the same period of time. Such notice was issued in pursuance of order passed by the Pargana Adhikari/ Sub-Divisional Magistrate. The order dated 04.11.2024 being the order in pursuance of which notice was issued and the order dated 04.11.2024 has not been challenged in the writ petition, which was filed before this Court, we find that the dismissal of the writ petition by our order dated 26.09.2025 does not suffer from any legal infirmity or any error apparent on the face of the record for us to interfere in the Review petition. 4. The Review Application is dismissed. October 28, 2025 N.PAL CMRA No. 129 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench