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2025 DAILYLAW 98493 (ALL)

DURGA CHARITABLE SOCIETY AND ANOTHER v. STATE OF UTTAR PRADESH AND 4 OTHERS

WRIC/33107/2025 · 2025-09-18

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33107 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This writ petition has been filed with the following prayer:- "i. Issue a writ petition, order or direction in the nature of prohibition, prohibits the respondents not to harass the petitioners under garb of physical verification/survey report pursuant to the suit filed by the Gaon Sabha being Suit No. T202311280201561 (Gaon Sabha vs. I.T.S. Dental College) situated at Village Asalatnagar, Pargana-Jalalabad, Tehsil Modinagar, District Ghaziabad." 2. It is contended that in the eviction proceedings initiated by the revenue authorities under Section 67 of the U.P. Revenue Code, 2006 an eviction order was passed against the petitioners. The matter was carried in appeal under Section 67 (5) of the U.P. Revenue Code, 2006 and the appeal was partly allowed and the matter was remitted back to the court of Tehsildar with a direction for reconsideration of the matter on all points raised by the petitioners after making a spot inspection. 3. Learned counsel for the petitioners submits that despite remand order having been passed in the year 2021, the authorities have not carried out the spot inspection as directed and only in garb of that order, the authority are harassing the petitioners. 4. This Court after hearing the learned counsel for the petitioners and perusing the material placed on record as well as the remand order dated 14.09.2021, this Court finds that the hearing by the Tehsildar was to be concluded within a period of two months from the date of Versus Counsel for Petitioner(s) : Indra Pal Singh Rajpoot, Rajesh Mishra Counsel for Respondent(s) : C.S.C., Sunil Kumar Singh Durga Charitable Society And Another .....Petitioner(s) State Of Uttar Pradesh And 4 Others .....Respondent(s) remand order i.e. 14.09.2021 after carrying out the spot inspection and making survey of the area in dispute. It appears that the Tehsildar, Tehsil Modi Nagar, District Ghaziabad has failed in its duty in complying the order dated 14.09.2021. 5. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondents, the matter is being disposed of, at the admission stage, with a direction upon respondent no.4- Tehsildar, Tehsil Modi Nagar, District Ghaziabad to immediately comply with the order dated 14.09.2021 and carry out necessary survey and inspection in presence of the petitioners and after considering all the points raised in the objection and decide the proceedings under Section 67 of the U.P. Revenue Code, 2006, strictly in accordance with law expeditiously preferably within a period of two months as indicated in the remand order from the date of production of certified copy of this order. 6. With the aforesaid direction, present writ petition stands disposed of. September 19, 2025 Jaswant WRIC No. 33107 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad