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2025 DAILYLAW 45685 (ALL)

BALIRAM v. STATE OF U.P. AND 5 OTHERS

WRIC/12055/2025 · 2025-05-20

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85168 Court No. - 34 Case :- WRIT - C No. - 12055 of 2025 Petitioner :- Baliram Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Amardeo Singh,Ramkailash Rajbhar Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Syed Qamar Hasan Rizvi,J. 1. Sri Ramkailash Rajbhar, learned counsel for the petitioner, Sri Dhananjay Singh, learned standing counsel appearing for the State-respondents and Sri Vijay Singh, learned counsel appearing on behalf of the respondent no. 6 are present. 2. By means of the present writ petition the petitioner has prayed for a direction to the respondent nos. 1 to 5 to comply the order dated 05.07.2024 passed by the Tehsildar / Assistant Collector-I, Tehsil Budhanpur, District Azamgarh (respondent no. 4) regarding the dispossession of the respondent no. 6 from the land bearing Gata No. 423 area 0.010 hectare situated at village Bhairodaspur, Tehsil Budhanpur, District Azamgarh. 3. This Court vide order dated 22.04.2025 directed the learned standing counsel to seek instructions in the matter. 4. Sri Dhananjay Singh, learned standing counsel appearing for the State, on the basis of instructions received from the office of the Sub Divisional Officer, Tehsil Budhanpur, District Azamgarh submits that the respondent no. 6 has filed an appeal under Section 67(5) of the U.P. Revenue Code, 2006 before the learned Court of Chief Revenue Officer, Azamgarh against the order dated 05.07.2024 passed by the Tehsildar under Section 67 of the U.P. Revenue Code, 2006. He submits that due to the pendency of the statutory appeal under Section 67(5) of the Revenue Code, 2006, the aforesaid order dated 05.07.2024 could not be executed. 6. Taking into consideration the aforesaid situation, that once the order passed under Section 67 is under challenge in an statutory appeal under Section 67(5) of the U.P. Revenue Code, 2006, the prayer made in the present writ petition cannot be granted to the petitioner at this stage. 7. Accordingly, the present writ petition is consigned to records, at this stage. Order Date :- 21.5.2025 Arif Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad