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2025 DAILYLAW 31192 (ALL)

ABAN KUMAR v. STATE OF U.P. THROUGH PRINCIPAL SECRATARY REVENUE GOVERNMENT OF U.P. AT LUCKNOW AND 5 OTHERS

WRIC/7868/2025 · 2025-03-18

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39748 Court No. - 35 Case :- WRIT - C No. - 7868 of 2025 Petitioner :- Aban Kumar Respondent :- State Of U.P. Through Principal Secratary Revenue Government Of U.P. At Lucknow And 5 Others Counsel for Petitioner :- Rajesh Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant writ petition has been filed for following relief: "i) Issue a writ, order or direction in nature of mandamus directing to Tehsildar, Tehsil Kishani, District Mainpuri to decide the application dated 14.10.2024 (Aban Kumar Vs Shivam Kuamr etc.) under section 26 of U.P. Revenue Code 2006, respondent no. 2 regarding, to remove the encroachment of respondent no.4 to 6 from gata no. 151kh area 0.0320 hectare recorded for way situated at Village Arjunpur Tehsil Kishani District Mainpuri, filed by petitioner, with in stipulated time fixed by this Hon'ble court. otherwise the petitioner shall suffer irreparable loss and injury." 3. Contention of the learned counsel for the petitioner is that he has filed an application under Section 26 of the U.P. Revenue Code, 2006 which is pending since 14.10.2024. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending. 5. The present petition stands disposed of finally with a direction to the respondent No. 2, Tehsildar, Tehsil Kishani, District Mainpuri to consider and decide the aforementioned application dated 14.10.2024, in accordance with law, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order after ensuring service upon all the respondents, after giving opportunity of hearing to the parties concerned and after giving a reasonable opportunity of leading evidence in respect of their case provided that there is no other legal impediment. Order Date :- 19.3.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad