Ikhtiyar Ahsan @ Iftiyar Vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Ikhtiyar Ahsan @ Iftiyar Vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application under s.482 Cr.P.C. disposed of with directions: the applicant to file a fresh application within two weeks before opposite party no.2 (SDM, Martinganj, Azamgarh), and the SDM to take appropriate action in accordance with law in pursuance of the order dated 08.10.2021 within two months of the filing of that application.

Issue for consideration

Whether the High Court should direct opposite party no.2 (SDM Martinganj, Azamgarh) to comply with the order dated 26.07.2023 in Criminal Revision no. 158 of 2021 (Ghaffar Vs Iftiyar) and the order dated 08.10.2021 in case no. 1853 of 2021 (Iftiyar Vs Ghaffar) arising out of the s.133 Cr.P.C. proceedings, and remove the nuisance on plot no. 522M/0.137 H., village Saiyad Bahauddinpur, P.S. Bardah, District Azamgarh, prior to the Moharram processions. +1 more

Court's answer

The applicant was directed to file a fresh application within two weeks before opposite party no.2 (SDM, Martinganj, Azamgarh).

Ratio / Principle

Opposite party no.2 (SDM Martinganj, Azamgarh) was directed to take appropriate action in accordance with law in pursuance of the order passed on 08.10.2021 within a period of two months from the date of filing of that application.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Deepak Verma, J.), Neutral Citation 2025:AHC:74284 — APPLICATION U/S 482 No. 24116 of 2024, Ikhtiyar Ahsan @ Iftiyar v. State of U.P. & 3 Others; Order Date 08.05.2025. The applicant sought a direction to the Sub-Divisional Magistrate, Martinganj, Azamgarh to comply with the order dated 26.07.2023 in Criminal Revision no. 158 of 2021 (Ghaffar Vs Iftiyar) and the order dated 08.10.2021 in case no. 1853 of 2021 (Iftiyar Vs Ghaffar) arising out of proceedings under s.133 Cr.P.C., and to remove the nuisance on plot no. 522M/0.137 H., village Saiyad Bahauddinpur, P.S. Bardah, District Azamgarh, prior to the Moharram processions. Background: the s.133 Cr.P.C. application was allowed by the SDM on 08.10.2021; the revision by opposite party no.4 against that order was dismissed on 26.07.2023; yet the encroachment remained and the SDM took no positive steps. DISPOSITION: The application under Section 482 Cr.P.C. was disposed of — the applicant was directed to file a fresh application within two weeks before opposite party no.2, and the SDM was directed to take appropriate action in accordance with law in pursuance of the order dated 08.10.2021 within two months of such filing.

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.

Heard learned counsel for the applicant and learned A.G.A. for the State.

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, .

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.

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.

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