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2025 DAILYLAW 46566 (ALL)

SHAHID RIZWAN v. STATE OF U.P. AND 2 OTHERS

WRIC/12199/2025 · 2025-06-30

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:101462 Court No. - 34 Case :- WRIT - C No. - 12199 of 2025 Petitioner :- Shahid Rizwan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amar Singh Yadav Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Rohit Ranjan Agarwal,J. On 15.05.2025, following order was passed:- "1. Shri Amar Singh Yadav, learned counsel for the petitioner and Shri Nand Lal Maurya, learned Standing Counsel appearing on behalf of the State- respondents No. 1 and 2 and Shri Himanshu Shukla, Advocate holding brief of Shri Bhupendra Kumar Tripathi, learned counsel for the Gaon Sabha- respondent No.3 are present. 2. Learned counsel for the petitioner submits that the petitioner preferred a case No. 9243 of 2023 under Section 134 of the U.P. Revenue Code, 2006 before the learned Sub-Divisional Officer, Tehsil-Shahganj, District-Jaunpur (respondent No.2), inter alia, praying for the dis-possession of the unauthorized occupants from the Arazi No. 231 area 0.892 hectares and 402 area 0.393 hectares situated at village Bakuchi, Pargana Anguli, Tehsil- Shahganj, District-Jaunpur. 3. This Court vide order dated 23.04.2025 directed the learned Standing Counsel to seek instructions in the matter. 4. Shri Nand Lal Maurya, learned Standing Counsel appearing on behalf of the State-respondents submits that as per the instructions dated 12.05.2025 received from the Office of the Sub Divisional Magistrate, Shahganj, Jaunpur, the revenue team visited the spot on 08.05.2025 and the unauthorized occupants were dispossessed from the plot in question and the possession of the same was handed over to the petitioner. He further submits that the spot memo prepared by the revenue authorities has also been signed by the petitioner. 5. Learned counsel appearing on behalf of the petitioner disputed the said statement made by the learned Standing Counsel and prayed for the copy of the aforesaid instructions. 6. On the request of the learned counsel for the petitioner, a copy of the aforesaid instructions has been handed over to the learned counsel for the petitioner for verification of the facts as narrated therein. 7. Put up this case as fresh on 26.05.2025." Today, when the case was taken up, no one has appeared on behalf of petitioner to press the writ petition. Learned Standing Counsel has invited the attention of the Court to paragraph 2 of the instructions placed by him on the earlier occasion. According to him, the order passed under Section 134 of U.P. Revenue Code, 2006 has been complied with, and the joint team which was constituted along with police force has dispossessed the unauthorized occupants from the land in dispute and the possession has been handed over to the petitioner on 08.05.2025. On 15.05.2025, time was granted to the petitioner to file objections, if any, to the said instructions, which was placed by learned Standing Counsel, but till date no objection has been filed. In view of the said fact, as the order passed under Section 134 of Code, 2006 has been complied by the State Authorities on 08.05.2025, present writ petition has become infructuous and the same stands disposed of. Order Date :- 1.7.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad