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2025 DAILYLAW 62482 (ALL)

PRABHAWATI DEVI v. STATE OF U.P. AND 3 OTHERS

WRIC/17009/2025 · 2025-05-25

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89133 Court No. - 35 Case :- WRIT - C No. - 17009 of 2025 Petitioner :- Prabhawati Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shriprakash Shrivastava Counsel for Respondent :- C.S.C.,Sudhir Bharti 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 the nature of lahab mandamus commanding and directing the respondent No. 2 to compliance the order dated 02.02.2024 (but concern area is 0.001 hectare is mentioned out of 0.0970 hectare, while 0.0970 hectare is encroached by the respondent No. 4) passed by his own order in Case No. 3682 of 2022 Computer Case No. T202205440303682 (Gaon Sabha Vs. Basheer) under Section 67 of U.P. Revenue Code, 2006 regarding Arazi No. 1403M/0-0970 hectare Khatauni Khata No. 01834 situated at Mauza Parsauni Bujurg, Tehsil Tamkuhiraj, District Kushi Nagar, under paragraph 460 of U.P. Revenue Court Manual within stipulated period of time in that regard. ii. a writ, order or direction in the nature of mandamus commanding and directing the respondent No. 2 to decide the representation dated 29.04.2025 filed by the petitioner before respondent No. 2 as Annexure No. 7 with stipulated period of time in that regard." 3. Contention of the learned counsel for the petitioner is that despite order passed under Section 67 of the U.P. Revenue Code, 2006, the same was not implemented. The petitioner preferred an application under Paragraph 460 of the U.P. Revenue Court Manual, which is pending before respondent no.2 for adjudication. He prayed that the same may be decided expeditiously. 4. 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 to consider and decide the aforementioned application under Para 460 of the U.P. Revenue Court Manual filed by the petitioner, 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 giving opportunity of hearing to the parties concerned provided that there is no other legal impediment. Order Date :- 26.5.2025 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