Rajendra And 5 Others vs State Of U.P. And 3 Others
2023 Latest Caselaw 16235 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Court No. - 89 
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3176 of 2023 Neutral Citation No. - 2023:AHC:112399
 

 
Petitioner :- Rajendra And 5 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Sandeep Kumar Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

1. Shri Sandeep Kumar Singh, learned counsel for the petitioner and Shri Vijay Kumar Pandey, learned brief holder for the State are present.

2. Present Petition under Article 227 of the Constitution of India has been filed to quash the judgment and order dated 16.4.2022 passed by Sessions Judge, Chandauli in Criminal Revision No. 36 of 2021, by which the revisional court affirmed the order dated 11.6.2021 passed by Sub Divisional Magistrate, Sakaldeeha, Chandauli, whereby the magistrate has passed an order under Section 133, Cr.P.C. and directed the petitioner to leave the public land.

3. Learned counsel for the petitioner submits that the impugned orders have been passed without considering the facts and circumstances of the case.

4. Learned A.G.A. submits that property in question is a public land and there is no plea or urge on behalf of the petitioner before the magistrate or revisional court that the land in question belongs to the petitioner.

5. In view of the above facts and circumstances, there is no merit in this petition and deserves to be dismissed.

6. The petition is dismissed accordingly.

Order Date :- 22.5.2023

T. Sinha