IKHTIYAR AHSAN @ IFTIYAR v. STATE OF U.P. AND 3 OTHERS
A482/24116/2024 · 2025-05-07
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 77191 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 77191 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:74284 Court No. - 84 Case :- APPLICATION U/S 482 No. - 24116 of 2024 Applicant :- Ikhtiyar Ahsan @ Iftiyar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mashhood Abbas Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to allow this application and direct the Sub-Divisional Magistrate Martinganj, Azamgarh to comply the order dated 26.07.2023 in Criminal Revision no. 158 of 2021 (Ghaffar Vs Iftiyar) as well as 08.10.2021 in and case no. 1853 of 2021 (Iftiyar Vs Ghaffar) arising out of proceeding under section 133 Cr.P.C. and remove the nuisance upon plot no. 522M/0.137 H., situated at village Saiyad Bahauddinpur, P.S. Bardah, District Azamgarh, prior to Moharram processions, within stipulated time, .
3. Learned counsel for the applicant submits that applicant moved application U/s 133 Cr.P.C. which was allowed by opposite party no.2, SDM, Martinganj, Azamgarh, vide order dated 08.10.2021, thereafter opposite party No.4 filed revision against the order dated 08.10.2021, the revision got dismissed by order dated 26.07.2023 passed by Revisional Court. He further submitted thereafter applicant moved application before opposite party No.2 for removal of illegal encroachment but the same has not been removed. Opposite party no.2 has not taken any positive steps.
4. Considered the argument raised by applicant's counsel, it is hereby directed to applicant to file a fresh application, within two weeks from today, before opposite party No.2 and opposite party No.2, SDM, Martinganj, Azamgarh, shall take appropriate action, in accordance with law, in pursuance of order passed on 08.10.2021 within a period of two months from the date of filing of application.
5. With the aforesaid directions, this application under Section 482 Cr.P.C. stands
disposed of.
Order Date :- 8.5.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad