Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 44280 (ALL)

PRAMILA AND 10 OTHERS v. STATE OF UP AND 3 OTHERS

WRIC/12163/2025 · 2025-04-22

Manish Kumar Nigam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:61016 Court No. - 35 Case :- WRIT - C No. - 12163 of 2025 Petitioner :- Pramila And 10 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Prabhakar Dubey Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed seeking following relief :- "Issue a writ, order or direction in the nature of mandamus commanding and restraining the respondent no.4 from demolishing the residential accommodations of petitioners from the land in question being Gata No.323 Rakaba 0.1230 hectare situated in revenue village Pathara Bazar, Tehsil Bansi District Siddhartha Nagar, during the pendency of cases before the Tehsildar Bansi District Siddhartha Nagar. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.4 not to interfere in the peaceful accommodation of petitioners over the land in question." 3. Contention of learned counsel for the petitioners is that an order under Section 67 of the U.P. Revenue Code, 2006 was passed against the petitioners. Petitioners filed an appeal under Section 67(5) of the U.P. Revenue Code, 2006 before the Collector against the order passed by the Tehsildar and the appeal filed by the petitioners was allowed by order dated 9.12.2024 and the matter was remanded before respondent No.4 to reconsider the same. During pendency of the proceedings, after remand, respondents are bent upon to demolish the constructions raised by the petitioners and averment in this regard has been made in paragraph 10 of the writ petition. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this writ petition pending and a direction may be issued to respondent No.4 to conclude the proceedings under Section 67 of the U.P. Revenue Code, 2006 in accordance with law. 5. In view of the same, this writ petition stands disposed of with direction to respondent No.4 to conclude and decide the proceedings under Section 67 of the U.P. Revenue Code, 2006 which are pending after the remand before him, in accordance with law, expeditiously, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties as well as giving a reasonable opportunity of leading evidence in respect of their case provided there is no other legal impediment. 6. 6. Till disposal of the aforesaid proceedings, constructions of the petitioners shall not be demolished. It is made clear that petitioners will co-operate in disposal of the proceedings under Section 67 of the U.P. Revenue Code, 2006 and will not seek any undue adjournments to linger on the proceedings. In case petitioners try to delay the disposal of aforesaid proceedings, interim protection granted by this Court, shall automatically be vacated. Order Date :- 23.4.2025/Rishabh Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad