The High Court allocated time-bound directions to respondent authorities to decide the petitioner's case and appeal under the U.P. Revenue Code, 2006, keeping the impugned order in abeyance.
The respondent authority to decide the case and appeal within two months; the impugned order to remain in abeyance.
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Neutral Citation No. - 2023:AHC:204735
Court No. - 52
Case :- WRIT - C No. - 35822 of 2023
Petitioner :- Ram Kewal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sachin Mishra,Anshu Pandey Counsel for Respondent :- CSC
Hon'ble Saurabh Srivastava,J.
"i. Issue a suitable writ order in the nature of certiorari quashing the illegal impugned order dated 15.06.2023 passed by respondent no. 4 during pendency of Appeal no. 1471 of 2023 pending before respondent no. 2 u/s 67(5) of U.P. Revenue Code, 2006 (being Annexure no. 3 to this writ petition).
ii. Issue a suitable writ of mandamus directing upon the respondent no. 2, 3 and 4 that they may not take any coercive action against the house situated on the Gata no. 1002 mi area 0.002 hectare and gata no. 1020 mi area 0.008 hectare in Village Bhaisaha, Tappa Chakdeiya, Pargana-Shajahanpur, TehsilKasya, District-Kushinagar, otherwise the petitioner shall suffer grave irreparable loss and injury."
expeditiously as possible, preferably within a period of two months from the date of production of certified copy of this order, after affording proper opportunity of hearing to all the parties. During pendency of the decision over the application preferred by petitioner under Section 67(A) of U.P. Revenue Code, 2006, effect and operation of order dated 15.06.2023 shall be kept in abeyance. Respondent no. 2 is hereby directed to initiate in the appeal preferred by the petitioner under Section 67(5) of U.P. Revenue Code, 2006 after adjudication of the application preferred by the petitioner under Section 67(A) of U.P. Revenue Code, 2006.
Order Date :- 27.10.2023 Shaswat
Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether to issue certiorari to quash an impugned order under U.P. Revenue Code, 2006.
Whether to direct authorities not to take coercive action against the petitioner's land during pendency of proceedings.
2 provisions across 1 enactments
Ram Kewal
State Of U.P.
Saurabh Srivastava
Shaswat Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
