Avinash Gupta vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 18391 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:47400-DB
 
Court No. - 3
 

 
Case :- WRIT - C No. - 6009 of 2023
 

 
Petitioner :- Avinash Gupta
 
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Civil Sectt. Lko. And 8 Others
 
Counsel for Petitioner :- Umesh Chandra Chaturvedi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Chaudhary,J.

Hon'ble Manish Kumar,J.

1. Heard learned counsel for petitioner and learned Standing Counsel for the State.

2. Learned counsel for petitioner states that he does not want to press his prayer no.1 and only presses his prayer no.2 in the writ petition.

3.Learned counsel for petitioner submits that by an order dated 24.08.2013 directions were issued for affixing pillars after proceedings under Section 41 of U.P. Z.A. & L.R. Act were completed. The said order was challenged in revision before the learned Additional Commissioner, Lucknow, who by his judgment and order dated 30.03.2019 has affirmed the order of Sub-Divisional Magistrate and rejected the revision. Now, since 2019 further proceedings are not being taken. Learned counsel for petitioner further submits that grievance of petitioner will be sufficiently met in case aforesaid proceedings are taken to its logical conclusion and demarcation proceedings are completed.

4. Learned Standing Counsel has no objection to the said extent.

5. Looking into the facts and circumstances of the case, Respondent no.2 Sub-Divisional Magistrate/Officer (S.D.M.) Bakshi Ka Talab, Lucknow is directed to take the proceedings under Section 41 of U.P. Z.A. & L.R. Act to its logical conclusion by completing the process of law, if there is no legal impediment. Such an exercise shall be completed within a period of two months from the date a certified copy of this order is placed before him.

6. With the aforesaid directions present writ petition stands disposed of.

Order Date :- 20.7.2023

Arti/-

[Manish Kumar,J.] [Vivek Chaudhary,J.]