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2025 DAILYLAW 95832 (ALL)

REKHA KUMARI v. STATE OF U.P. AND 3 OTHERS

WRIC/32444/2025 · 2025-09-16

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32444 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This writ petition has been filed with the following prayer:- "a) Issue a writ, order or direction in the nature of mandamus commanding and directing the Sub-Divisional Magistrate, Tehsil Karchhana, District Prayagraj (respondent No. 3) to decide the Case No. 17440 of 2024 (Computer Case No. T202402030517440), 'Rekha Kumari Vs. Sitaram & Another', under Section 128, U.P. Revenue Code, 2006 pending before him for disposal of aforesaid case filed by petitioner regarding removal of illegal encroachment over public utility land, within a stipulated period which this Hon'ble Court may deem fit in the interest of justice." 2. It is contended that the proceedings under Section 128 of U.P. Revenue Code, 2006 are pending consideration, which are registered as Case No. 17440 of 2024 (Computer Case No. T202402030517440). The sole prayer made in the writ petition is for expeditious disposal of the said case. 3. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit, the matter is being disposed of, at the admission stage, with a direction upon respondent no.3- Sub-Divisional Magistrate, Tehsil- Karchhana, District Prayagraj to decide the Case No. 17440 of 2024 (Computer Case No. T202402030517440), filed under Section 128 of the U.P. Revenue Code, 2006, after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of two months from the date of production of certified copy of this order. 4. With the aforesaid direction, present writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the case on merit. September 17, 2025 SK Goswami Versus Counsel for Petitioner(s) : Harish Kant Tiwari, Sharad Kumar Patel Counsel for Respondent(s) : C.S.C. (Rohit Ranjan Agarwal,J.) Rekha Kumari .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad